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By HPN Staff
Key Points
  • Although the United States has not ratified the WHO Framework Convention on Tobacco Control, its policies exert significant indirect influence on U.S. state and local regulations, particularly around flavored nicotine products.
  • While proponents argue flavor bans reduce youth nicotine initiation, emerging evidence—including a 2024 New England Journal of Medicine study—suggests e-cigarettes can meaningfully improve smoking cessation outcomes among adults.
  • Opponents contend that conflating nicotine with combustible tobacco ignores harm-reduction principles, potentially driving former smokers back to cigarettes or illicit markets rather than improving overall public health outcomes.

A global push is underway to limit tobacco and nicotine use worldwide. Yet, opponents to such measures as nicotine bans say the effort doesn’t guarantee improved public health.

The World Health Organization (WHO) recently hosted more than 1,400 delegates representing government, international organizations and civic groups in Geneva for its 11th Conference of the Parties (COP11). Under discussion was the Framework Convention on Tobacco Control (FCTC), an international public health treaty, and the discussion of the measures designed to limit the rate of tobacco and nicotine use worldwide. 

The COP11 agenda included a push to enforce bans or increase regulation of non-tobacco nicotine products, including electronic nicotine devices (ENDs), commonly referred to as “vaping” devices, and banning flavored products. 

Why It Matters

While the FCTC has not been ratified by the United States, it is legally binding in 182 nations, representing 90% of the world’s population, and thus has a significant amount of influence on public policy — in this case, policies regulating or banning flavored tobacco and nicotine products.

These policies have proven controversial, as some public health experts have noted their efficacy as smoking cessation aids. Indeed, a 2024 study published in the New England Journal of Medicine concluded that “The addition of e-cigarettes to standard smoking-cessation counseling resulted in greater abstinence from tobacco use among smokers than smoking-cessation counseling alone.”

Several local governments have adopted flavor bans, the most recent being Denver, whose ban was initially adopted in the spring of 2024 and subsequently approved by voters at the ballot in this fall’s municipal elections. 

Proponents of such bans say that flavors are designed specifically to attract minors and get them addicted to nicotine. Bloomberg Philanthropies, founded by former New York City Mayor Michael Bloomberg, is among the civic groups promoting flavor bans, saying on its website that “While teen smoking has fallen by 80% over the past 20 years, a new generation is now at risk of becoming addicted to nicotine — and possibly at risk for other serious health problems — through e-cigarettes. Approximately 1.6 million U.S. middle and high school students are now using e-cigarettes, with more than eight out of 10 of them using flavored products.” 

Bloomberg personally donated $1.5 million to the campaign supporting Denver’s flavor ban.

However, opponents of such bans say that they are counter-productive, pointing out that nicotine itself, while highly addictive, poses fewer health issues than tobacco, as it is the components present in the tobacco plant, along with additives in cigarettes, that are carcinogenic and present other health issues. They say that ENDS can be a lower-risk alternative to cigarettes by another method to satisfy nicotine cravings without the harmful components of tobacco. 

The bigger picture

The FCTC was the first international treaty created under Article 19 of the WHO Constitution and was adopted by the 56th World Health Assembly held in Geneva, Switzerland in 2003. It came into force in February 2005. 

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