Alternative tobacco and nicotine products in Europe

Italy: The Customs and Monopolies Agency (ADM) has told TobaccoIntelligence that the additional packaging restrictions introduced by the Ministry of Health decree apply only to the specific brand of nicotine pouches mentioned in the decree, and that similar measures could be implemented for other brands as well. Considering that several nicotine pouch brands have been registered for sale with the ADM, we expect that the company, Smokie's, will challenge the decree unless the same rules are imposed on all products.

Portugal: The bill that transposes the Commission Delegated Directive (EU) 2022/2100 was adopted by Parliament's Health Commission. The new version of the bill introduces a definition for heated tobacco products, bans heated tobacco flavours, and introduces combined health warnings if the product is considered a smoking product. Other points addressed in the first version of the bill, such as public usage and retail restrictions, have been left out. The bill will now be submitted to a final vote in plenary.

Finland: The smoke-free Finland 2030 network – whose objective is to create a tobacco- and nicotine-free Finland by 2030 – has suggested that the maximum amount of nicotine in nicotine pouches and the dose size should be significantly limited, and flavours banned, media reports.

France: The Ministry of Health has published the new National Tobacco Control Programme 2023-2027, which aims to reduce the country's smoking prevalence to 5% by 2032. The programme introduces a set of measures targeting both tobacco and vaping products, such as better enforcement of sales bans to minors, reducing product attractiveness, introducing plain packaging for all products, and extending public usage bans. The programme also aims to ban disposable e-cigarettes, prohibit e-cig flavours that appeal to kids, and harmonise taxation of smoking and smokeless tobacco products.

Russia: Today, bill 448566-8 was signed by the president. The bill amends the Tax Code for the second time this year and increases the current tax rates starting next year. The rate for heated tobacco consumables will increase to RUB9,367 (€96) per kg in 2024, to RUB9,742 (€100) per kg in 2025, and to RUB10,132 (€104) per kg in 2026. Chewing tobacco will be taxed at a rate of RUB4,448 (€46) per kg in 2024, RUB4,626 (€48) per kg in 2025, and RUB4,811 (€49) per kg in 2026.

Czech Republic: Last week, the bill (consolidated package) to introduce excise tax for nicotine pouches and increase taxation for heated tobacco was signed by the president. Nicotine pouches will be taxed at a rate of CZK0.40 (€0.01) per g as of 1st January 2024. The Ministry of Health’s overview stipulates that nicotine pouches will be taxed gradually for the next four years, as follows: CZK0.40 (€0.01), CZK0.80 (€0.03), CZK1.2 (€0.05), and CZK1.70 (€0.07) per g. Heated tobacco tax will increase to CZK3,300 (€134) per kg as of 1st January 2024, and will then increase gradually for the next four years, as follows: CZK3,300 (€134), CZK3,470 (€140), CZK3,650 (€148), and CZK3,830 (€155) per kg. The package also introduces changes to the Act on the Protection of Health from the Harmful Effects of Addictive Substances, which aims to prohibit any economic benefits from the sale of heated tobacco and nicotine pouches as of 2024.

Italy: The Customs and Monopolies Agency (ADM) has updated the list of retail prices and excise duties for heated tobacco consumables. The list now also contains herbal heated products.

UK: As the end of the consultation on "creating a smokefree generation and tackling youth vaping" is approaching, Labour MP Mary Glindon asked if the government will allow the parliament to debate the consultation proposals before a draft bill is published. Penny Mordaunt, president of the Council and leader of the House of Commons, stated that she cannot specify the timing, but that there will be good time between the consultation closing (6th December), the publication of its results and any debates in the House of Commons. This implies that the proposal cannot be expected before the second quarter of next year.

Greece: The public consultation on the bill that would introduce a tax on herbal heated products and nicotine pouches ends today. The tax for herbal heated products would be the same as that currently applicable to heated tobacco products (€156.70 per kg), while the tax on nicotine pouches would be €50 per kg. The bill will supposedly be introduced to the parliament in the coming weeks.

Ireland: The health minister, Stephen Donnelly, and the minister of state for public health, Hildegarde Naughton, have launched a public consultation on the regulation of tobacco and nicotine inhaling products. The consultation focuses on what measures could be introduced to reduce the appeal of these products to young people and improve public health. It will be open until 5th January 2024.

Finland: The Finnish public health organisation Action on Smoking and Health (ASH) Finland has said that in order to protect the health of young people, nicotine pouches with all characteristic flavourings, except tobacco, should be banned. It also believes the age limit for tobacco and nicotine product sales must be raised from 18 to 20. ASH said that all these are missing from a new governmental proposal seeking to specifically regulate nicotine pouches in Finland.