BACKGROUND-AIM:
Menthol is frequently added to tobacco and nicotine products (TNP) such as cigarettes, e-cigarettes, and heated tobacco products (HTP). Menthol facilitates inhalation by reducing irritation and coughing from nicotine and other emission components, leading to its ban in various TNPs under the European Tobacco Products Directive (TPD). To clarify TPD Article 7.6, several countries created (non-restrictive) lists of compounds that facilitate inhalation or nicotine uptake. In the Netherlands, the non-restrictive list under TPD Article 7.6 was adopted as Regulation in 2024, with enforcement starting April 1, 2025.

METHODS:
In April 2025, the Netherlands Food and Consumer Product Safety Agency (NVWA) collected samples of 25 various suspected cigarettes and 15 HTP sticks to analyze for the presence of cooling substances. Thirteen cigarette samples from before the ban (2024 and early 2025) and six HTP stick samples from before the ban (2021 and 2024) were matched by brand variety and were analyzed for cooling compounds, allowing us to compare the same products before and after April 1st, 2025. Chemical analyses were performed using gas-chromatography-mass spectrometry (GC-MS). The analysis focused on substances from a list frequently registered cooling agents in the European Common Entry Gate (EU-CEG) such as menthol and synthetic cooling agents e.g. WS-3 and WS-23. EU-CEG is a system in which manufacturers must register TPD products in Member States where they plan to market these products.

RESULTS:
After April 1st 2025 few investigated cigarettes and HTP sticks contained cooling substances. Only one investigated cigarette brand variety contained the synthetic cooling substance WS-23 and no other cooling substances were detected. Before the ban, almost all investigated brand varieties of HTP sticks contained menthol and some contained menthone and isopulegol; after the ban, only few brands contained menthol and menthone. Notably, menthol and menthone in HTP sticks were found at concentrations 1.5–4 times higher in the filter than in the tobacco. Frequently, cooling substances were not registered in EU-CEG, while chemical analysis showed presence of these substances in both low and high levels in the investigated products.

CONCLUSIONS:
Clarification of TPD Article 7.6 through non-restrictive lists seems to have resulted in fewer cooling substances in investigated tobacco products. Nonetheless, after the ban, some products still contained cooling substances. Products with cooling substances frequently showed discrepancies compared to EU-CEG data, highlighting the added value of chemical analysis. This information is relevant for jurisdictions with non-restrictive lists or those planning similar legislation or enforcement.