Alternative tobacco and nicotine products in Italy

Italy’s national regulatory framework: current situation

Italy was one of the first major markets for heated tobacco, which was first regulated and categorised in 2014 with Legislative Decree 188/2014 which modified Legislative Decree 504/1995 art. 39 bis.

This decree introduced a definition of these products for tax purposes, “inhalation tobacco without combustion”, and included heated tobacco in the category of manufactured tobacco products for tax purposes.

The TPD-implementing decree, Legislative Decree 6/2016, defines these products as novel smokeless tobacco products.

The device, except for the indirect advertising scope that was clarified by the Ministry of Health, is not properly regulated by the Italian framework and falls under the consumer protection legislation.

The regulatory framework for heated tobacco in Italy comprises the following laws:

Article 39-bis legislative decree 504/1995 as modified by Legislative Decree 188/2014 art . 1 co. 1 defines these products as “inhalation tobacco without combustion”.
Article 39-terdecies co. 3 legislative decree 504/1995 as modified by Legislative Decree 119/2018 art. 25-decies co. 12 regulates taxation.
Article 1 co. 1 letter c), legislative decree 300/2004 as interpreted by an official communication of the Ministry of Health regulates advertisement.
Legislative Decree 6/2016 (TPD-implementing decree) regulates several aspects of these products.