As Europe moves closer to regulating flavors, what future options—or even the few possibilities left—will remain for e-liquid manufacturers if legislation were to ban the most common flavoring substances?
A Draconian Legislation
It is clear that sweet and dessert flavors are in the crosshairs of health authorities. Lawmakers and health experts argue that such flavors appeal strongly to young people. This is the position taken by French authorities, who, at the EU level, have joined the camp of Member States in favor of banning flavors.
The example of the Netherlands is perhaps the most striking, and it could foreshadow an extremely restrictive regulatory framework:
a ban on flavors, with a single exception granted for tobacco-flavored liquids;
only 16 flavoring substances allowed, compiled in a so-called positive list.
In order to prevent young people and non-smokers from turning to e-cigarettes, the Netherlands has thus proposed a strict limitation of available flavors. Likewise, they prohibit any other flavoring substance not listed in the table below.
According to the authors, “the objective of Dutch legislation is to authorize only liquids with a tobacco taste, which made it possible to allow substances that smell like tobacco, even if their description also contains sweet or fruity attributes. Sweet and fruity flavors other than tobacco were excluded in order to reduce the attractiveness of e-liquid flavors for young people. Among the remaining flavoring substances that are neither sweet nor tobacco-like, only those associated with tobacco aroma or present in tobacco smoke are included in the proposed list. The list therefore includes flavorings that have a tobacco aroma and those that do not, but that are neither sweet nor fruity, while still being naturally part of tobacco aroma or present in tobacco smoke.”
Sensitizing, Allergenic Substances, Highly Toxic to the Respiratory Tract, and Even Classified as CMR
Intrigued by this seemingly pragmatic yet misleading approach, Antoine Piccirelli, R&D director of Végétol® liquids, and his team examined this so-called positive list in order to evaluate its organoleptic relevance (taste, smell), its functional potential (compatibility with e-liquid formulation), as well as its safety. Their flavorist attempted to work with the 16 selected substances, while their toxicology expert took a closer look at the risks posed by these molecules.
Their investigation revealed some striking results:
among the selected substances, there was a complete absence of pyrazines, which are well known and widely used in e-liquids to bring roasted notes;
it was impossible for the flavorist to formulate a “vapeable” liquid, as the available flavors were far removed from tobacco or any other taste and scent appreciated by most vapers;
from a toxicological standpoint, the list contained multiple sensitizing, allergenic substances, and above all, compounds highly toxic to the respiratory tract, some even classified as CMR (carcinogenic, mutagenic, or reprotoxic).
The road to hell is paved with good intentions. Clearly, the Dutch “experts” did not consult professional flavorists or toxicology specialists—both of whom will be essential for establishing a rigorous regulatory framework that allows for controlled innovation.