Portugal: heated tobacco and herbal heated product regulation, April 2025

Heated tobacco consumables are considered a novel tobacco product. However, the device used to heat the consumable element is regulated as a consumer product.

Law 109/2015 categorises tobacco products as follows:

  • A tobacco product is any product intended to be smoked, inhaled, sucked or chewed, provided that it is, even if partially, made of tobacco, whether genetically modified or not
  • A smokeless tobacco product means a tobacco product that does not involve a combustion process, including chewing tobacco, snuff and tobacco for oral use
  • Novel tobacco products are tobacco products other than a cigarette, roll-your-own cigarette tobacco, pipe tobacco, waterpipe tobacco, cigar, cigarillos, chewing tobacco, nasal tobacco (snuff) or oral tobacco, and which were marketed after 19th May 2014.

This report provides detailed analysis of the regulatory framework in place in Portugal for heated tobacco and herbal heated products, covering all policy areas from taxation and product restrictions to advertising and notification.

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Irene Villani

Legal analyst
Irene holds a double degree in Italian and French law from the Universities of Florence and Paris 1 Panthéon-Sorbonne and an MA in International Relations from the Institut Barcelona d’Estudis Internacionals. She has been an intern at UNESCO and the OECD, and has worked as a legal consultant and a researcher at Dow Jones.

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