Germany – Cigarettes containing menthol capsules banned

The Federal Office of Consumer Protection and Food Safety has rejected an application by a tobacco company to sell cigarettes containing menthol capsules in the filter, on the grounds of public health. The capsules can be opened by the smoker by crushing. The Federal Office noted that the capsules are aimed at increasing the attractiveness of the cigarettes, especially among young people.

The Federal Office invoked the WHO FCTC in its decision. Articles 9 & 10 of the WHO FCTC call for regulation of the contents of tobacco products and of tobacco product disclosures. The partial guidelines adopted by the COP for the implementation of these Articles state that: “Tobacco products are commonly made to be attractive in order to encourage their use. From the perspective of public health, there is no justification for permitting the use of ingredients, such as flavouring agents, which help make tobacco products attractive”.

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