Market & legal data in the tobacco alternatives sector in Luxembourg

11th December 2024: Luxembourg: The bill transposing the EU-wide heated tobacco flavour ban and establishing a comprehensive regulatory framework for nicotine pouches has been notified again to the EU Technical Regulation Information System (TRIS) database. The bill contains largely the same provisions – namely, the maximum nicotine content of 0.048 mg per pouch and the flavour ban for heated tobacco products (HTPs), but new amendments include “new nicotine products” and the elimination of the provisions relating to the heating device of HTPs. The end of the standstill period is 10th March 2025.
25th November 2024: Luxembourg: The Chamber of Commerce has issued an opinion on the bill transposing the EU-wide heated tobacco flavour ban and establishing a comprehensive regulatory framework for nicotine pouches, including a maximum nicotine content of 0.048 mg per g of nicotine that would result in a de facto ban on nicotine pouches in the country. The Chamber opposes the draft law, in particular the 0.048 mg per g threshold for nicotine pouches, as it considers that the provision is likely to constitute an obstacle to the free movement of goods and that it goes well beyond European provisions, questioning also the proportionality of certain provisions.
7th October 2024: Luxembourg: Amendments to the bill transposing the EU-wide heated tobacco flavour ban and establishing a comprehensive regulatory framework for nicotine pouches have been proposed by the Parliamentary Committee on Health and Social Security. The amendments propose extending the applicable provisions on nicotine pouches to “new nicotine products” in order to adapt the regulations to new nicotine products being launched in the market, besides nicotine pouches. The maximum nicotine content for nicotine pouches proposed in May 2024 by the government – 0.048 mg per g – remains unchanged, effectively resulting in a de facto ban.
1st October 2024: Luxembourg: As shown in our compliance calendar, nicotine pouches start to be taxed today at a rate of €22 per kg following a regulation published in the country’s official gazette on 26th April. Nicotine pouches were not previously subject to a tax in Luxembourg.
5th September 2024: Luxembourg: The Ministry of Health has provided TobaccoIntelligence with the list of notified tobacco products in the country. The list includes heated tobacco products, heated herbal sticks and some nicotine pouches. Nicotine pouches do not need to be notified, as they fall outside the scope of the tobacco framework. Nonetheless, a bill establishing a maximum nicotine content of 0.048 mg per pouch is being considered, which would lead to a de facto ban of these products.
9th August 2024: Luxembourg: The Ministry of Health has notified through the European Commission’s Technical Regulations Information System (TRIS) database notification system the bill that it proposed in October 2023 seeking to transpose the EU-wide heated tobacco flavour ban into the Luxembourgish legal framework and to comprehensively regulate nicotine pouches. Nonetheless, the notified bill still envisages a maximum nicotine content of 0.048 mg of nicotine per pouch, which would result in a de facto ban of nicotine pouches in the country.
21st May 2024: Luxembourg: The government has proposed amendments to the bill transposing the EU-wide heated tobacco flavour ban. The amendments include a complete regulation of nicotine pouches, including advertising, labelling, product restrictions, notification requirements and usage restrictions. However, the amendments propose a maximum nicotine content of 0.048 mg of nicotine per pouch, effectively resulting in a de facto ban. To justify the restriction on nicotine content, the government has taken the European Food Safety Agency’s threshold for ingestible nicotine per day (0.0008 mg per kg of body mass, or 0.048 mg for a person weighing 60 kg).
9th May 2024: Luxembourg: The Council of Ministers agreed yesterday (8th May) to approve the bill transposing the EU-wide heated tobacco flavour ban and to regulate nicotine pouches. As shown in our Policy Radar, the debate over nicotine pouches was polarised within the government itself, with some voices supporting a ban and others advocating for their regulation. Nonetheless, and as TobaccoIntelligence anticipated, the government has opted for their regulation instead of their ban.
29th April 2024: Luxembourg: The regulation introducing a tax for heated tobacco products (HTPs) and nicotine pouches (neither of which are currently taxed) was published in the Official Gazette last Friday (26th April). Heated tobacco will be taxed at €16.80 per kg plus 28% of the retail price, while the tax for nicotine pouches will be set at €22 per kg. The tax for HTPs will enter into force on 1st May 2024, while the tax for nicotine pouches will be effective as of 1st October 2024.
9th April 2024: Luxembourg: The Ministry of Health told TobaccoIntelligence that, contrary to the past situation, there are now heated tobacco products approved for sale in Luxembourg. The ministry also said that data about the tobacco products available in the Luxembourg market will be released in a few weeks.
7th March 2024: Luxembourg: The Ministry of Finance has proposed a draft regulation seeking to introduce a tax for heated tobacco and nicotine pouches. Currently not subject to any specific tax, heated tobacco would be taxed at €16.80 per kg plus 28% of the retail price, while the tax for nicotine pouches would be set at €22 per kg. The tax for heated tobacco would enter into force on 1st May 2024, while the tax for nicotine pouches would be effective as of 1st October 2024.
23rd January 2024: Luxembourg: The Ministry of Health has answered a parliamentary question in relation to nicotine pouches. The ministry compares these products with snus, especially in terms of their presentation and method of consumption, while pointing out their nicotine content, their entry-gate effect to smoking for young people and their addictive effects as the main threats. In terms of a possible future regulation, the ministry stated that the government will study neighbouring countries' legislation and set up a legal framework, if necessary. In December 2023, the government notified a bill amending the tobacco law to the European Commission’s TRIS system to ban nicotine pouches.

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