Menthol tobacco ban must be enforced by each member state, Brussels says

European Commission officials have written to representatives of the tobacco industry to say it is up to member states, including Ireland, to investigate if some companies are still selling menthol-flavoured cigarettes despite a Europe and UK-wide ban that came into effect in May.

The Irish market for menthol cigarettes was estimated to be worth €250 million before the ban. Several tobacco companies in Ireland and elsewhere in Europe launched replacement products targeting menthol smokers in the run-up to the ban, sparking complaints by their rivals to the EU and the Government.

Companies that launched replacement products, including Silk Cut-maker Japan Tobacco International, insist that their new products are in compliance with the ban, even though JTI admits it still adds some menthol into the manufacturing process in one of its new cigarette brands.

However, former minister for health Simon Harris called in May for the EU to intervene against some companies that he alleged were "undermining" the menthol ban. His successor Stephen Donnelly said later in the summer that the issue had been passed over to HSE inspectors.

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The HSE insists it is “actively investigating” the issue, although tobacco industry sources say there has been little visibility of the investigation in the Irish market so far.

In a letter sent to the industry in recent weeks, commission officials say “several member states are in the process” of invoking EU rules as part of menthol investigations.

“The commission is monitoring the situation in view of its powers... in close co-operation with the member states,” officials from the commission’s tobacco unit wrote.