Market & legal data of the tobacco alternatives sector in Germany

19th April 2024: Germany: Following the discussion of a possible birthdate-based ban on tobacco products in the UK, the federal government’s drug commissioner, Burkhard Blienert, told the press there is a need for action in Germany and that “we can take an example from the seriousness with which the issue of smoking is approached in other countries”. Health minister Karl Lauterbach and justice minister Marco Buschmann reject a ban, arguing that prohibition doesn't work and that adults can decide what they consume.
15th March 2024: Germany: The Court of Justice of the European Union (CJEU) ruled that the German supplementary tax on heated tobacco (in addition to the existing excise tax duty), in force since June 2022, is compatible with EU law. The CJEU understood that member states may levy other indirect taxes for specific purposes on goods subjected to excise duty for specific purposes, and in this way, the German regulation is compatible with EU law. The “specific purpose” in this case is the intent to bring the taxation of heated tobacco closer to the taxation of cigarettes in order to prevent consumers from replacing one product with the other, as both are harmful to health.
9th October 2023: Germany: The amendment to the Federal Non-Smoking Protection Act that explicitly forbids the use of heated tobacco in enclosed vehicles in the presence of under-18s or pregnant women has been overturned by the coalition agreement. The ban was missing from the version presented to Parliament. The drug commissioner, Burkhard Blienert, criticised the Free Democratic Party (FDP) for the amendment, saying: “I really cannot understand the concerns of the FDP that such a measure would be an excessive restriction of civil liberties.”
3rd October 2023: Germany: The Bundestag has passed the Disposable Plastic Fund Ordinance, which sets tax rates and a points system (whereby points are awarded for cleaning, collection, disposal and awareness-raising services in both inner-city and out-of-town areas) for the Disposable Plastics Fund. The amount of tax to be paid will depend on the quantity of single-use plastic products made available. The tax for tobacco filters is set at €8,972 per kg. If approved, the first tax will be paid in spring 2025. The registration of manufacturers and beneficiaries is scheduled to start on 1st January 2024.
3rd October 2023: Germany: In a preliminary ruling request to the Court of Justice of the European Union (CJEU) from the Düsseldorf Fiscal Court regarding the compatibility of the 2021 supplementary tax on heated tobacco products (HTPs) with EU law on excise duties, CJEU advocate general Athanasios Rantos issued his opinion that there was no violation of EU law. According to Rantos, the tax is compliant since it “has the specific objective of deterring nicotine-dependent consumers from abandoning cigarettes” and complies with the EU rules regarding excise duty or VAT in terms of tax calculation. The opinion of the advocate general is not binding, and the ruling will be analysed by the court.
1st August 2023: Germany: Federal drugs commissioner Burkhard Blienert has called for further restrictions on tobacco and nicotine advertising and sponsorship. He said: “Existing gaps in advertising regulation must be addressed through bans: for example, point of sale advertising, free distribution of tobacco heaters and e-cigarettes, cinema advertising...and sponsorship of festivals by the nicotine industry.”
24th July 2023: Germany: Last Friday, 21st July, the third amendment of the Tobacco Products Law, which transposes the heated tobacco flavour ban imposed by EU Directive 2022/2100, was published in the federal gazette. The amendment entered into force on 22nd July.
10th July 2023: Germany: The Bundesrat has approved a draft third amendment to the Tobacco Products Act, which will transpose the heated tobacco flavour ban imposed by EU Directive 2022/2100. The bill needs to be signed by the minister of food and agriculture and the federal chancellor before entering into force.
7th July 2023: Germany: The Ministry of Health has presented a bill to amend the Federal Non-Smoking Protection Act to explicitly forbid the use of heated tobacco in federal institutions, public transport, public railways, and in enclosed vehicles in the presence of under-18s or pregnant women. The bill is expected to be presented to Parliament in the second half of 2023 and to enter into force at the end of the year.
23rd June 2023: Germany: The Bundestag has approved a draft third amendment to the Tobacco Products Act, which will transpose the heated tobacco flavour ban imposed by EU Directive 2022/2100. The Bundersat has to give its approval before the bill comes into force.
22nd June 2023: Germany: Burkhard Blienert, federal commissioner for addiction and drugs, told an annual reception in Berlin that it is “urgently necessary to close existing gaps” in the areas of advertising and sponsorship of nicotine and tobacco. He did not specify any products, or any measures to be taken.

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