The tobacco industry exploits legislative loopholes by introducing products with novel constituents, sensory features and/or branding to bypass flavour restrictions and maintain appeal, particularly among young populations. Post California’s 2022 flavour ban, the leading oral nicotine pouch (ONP) brand (ZYN) started marketing two new ‘unflavoured’ products, Classic and Original, but it is unknown if they differed from preban products marketed as ‘flavour-ban approved’ (Chill and Smooth) in their chemical composition, sensory characteristics and human appeal.
Nicotine, menthol and synthetic coolants, WS-3 and WS-23, were quantified using gas chromatography-mass spectrometry. Menthol receptors (TRPM8 and TRPA1) activity was measured by calcium-microfluorimetry to assess cooling- and irritation-potential. ONP sensory attributes and appeal were assessed in young adults (21–25 year old) after 5 min standardised use in a double-blind, randomised remote trial.
‘Chill’ and ‘Classic’ ONPs contained WS-3 exclusively (0.24±0.02 mg/pouch), with consistent levels across nicotine strengths; ‘Smooth’ and ‘Original’ contained neither menthol nor WS-3. Extracts of ‘Chill’ and ‘Classic’ robustly activated the cold/menthol TRPM8-receptor with similar potency and efficacy while weakly activating the sensory irritant TRPA1 receptor. Compared with ‘Smooth’, human participants rated ‘Chill’ and ‘Classic’ as having stronger cooling sensations (p<0.05), while ‘Classic’ was rated as more minty flavoured (p<0.005).
Preban and postban ONPs showed similar chemical, sensory and appeal profiles based on WS-3 presence. By using concept names and sensory cues to disguise flavours and additives, the industry exploits regulatory loopholes to sustain marketing of banned products.
NCT06506162.