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Flavored Tobacco Products Are Pervasive <br />A 2009 federal law, the Family Smoking Prevention and Tobacco Control Act, prohibited the sale of <br />cigarettes with characterizing flavors other than menthol or tobacco, including candy and fruit flavors. <br />While overall cigarette sales have been declining since the 2009 law, the proportion of smokers using <br />menthol cigarettes (the only remaining flavored cigarette) has been increasing.' Menthol cigarettes <br />comprised 37 percent of the market in 2019.1 <br />The Tobacco Control Act's prohibition on characterizing flavors did not apply to other tobacco products, <br />and as a result, tobacco companies have significantly stepped up the introduction and marketing of <br />flavored non -cigarette tobacco products. In fact, the overall market for flavored tobacco products is <br />actually growing. In recent years, there has been an explosion of sweet -flavored tobacco products, <br />especially e-cigarettes and cigars. These products are available in a wide assortment of flavors — like <br />mango, blue razz, pink punch and mint for e-cigarettes and chocolate, watermelon, and cherry dynamite <br />for cigars. Tobacco companies are making and marketing deadly and addictive products that look and <br />taste like a new line of flavors from a Ben and Jerry's ice cream store. <br />Flavors are not just a critical part of the product design, but are a key <br />marketing ploy for the industry. The 2016 Surgeon General Report on JUUI MN <br />e-cigarettes concluded, "E-cigarettes are marketed by promoting <br />flavors and using a wide variety of media channels and approaches logo <br />that have been used in the past for marketing conventional tobacco <br />products to youth and young adults."' The 2019 National Youth <br />ymdu °°m.m. <br />Tobacco Survey found that 69.3% of middle and high school "`W" °°" .lm 11, <br />students —over 18.2 million youth —had been exposed to e-cigarette <br />advertisements from at least one source.6 <br />Sales of cigars (i.e., large cigars, cigarillos, and small cigars) have more than <br />doubled between 2000 and 2019, and much of the growth is attributable <br />to smaller types of cigars, many of which are flavored and inexpensive.' <br />The number of unique cigar flavor names more than doubled from 2008 to <br />2015, from 108 to 250.' The top five most popular cigar brands among 12- <br />to 17-year olds who have used cigars — Black & Mild, Swisher Sweets, <br />White Owl, Backwoods, and Dutch Masters —all come in flavor varieties.' <br />These products are often sold singly or can be priced as low as 3 or 4 for 99 <br />cents, making them even more appealing to price -sensitive youth. Note <br />that cigar smoke is composed of the same toxic and carcinogenic <br />constituents found in cigarette smoke.10 <br />