Market & legal data in the tobacco alternatives sector in Luxembourg

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.
11th January 2024: Luxembourg: Last month (December 2023), the government notified a bill amending the tobacco law to the European Commission’s TRIS system. It seeks to transpose the EU-wide heated tobacco flavour ban, just like a similar bill notified a few days earlier, but this one includes a ban on nicotine pouches. The bill also seeks to subject heated tobacco devices to the EU common product notification requirement.
13th December 2023: Luxembourg: The government has notified a bill amending the tobacco law to the European Commission's TRIS system. It would transpose the EU-wide heated tobacco flavour ban set out in Commission Delegated Directive (EU) 2022/2100. Luxembourg is among the member states that have not transposed the directive in time.
11th December 2023: Luxembourg: The Ministry of Health has told TobaccoIntelligence that herbal heated products fall within the category of new tobacco products, and therefore they need to be notified as such.
6th October 2023: Luxembourg: Last week, the government adopted an amendment to the tobacco framework to transpose the EU-wide heated tobacco flavour ban set out in Commission Delegated Directive (EU) 2022/2100. The amendment is not publicly available and has not yet been published in the Official Gazette. Despite the comprehensive regulatory framework for heated tobacco products that the country has enacted, no products have been approved for sale in Luxembourg.
6th March 2023: Luxembourg: Answering a parliamentary question on consumption figures and legal status of nicotine pouches, health minister Paulette Lenert today confirmed that neither national tobacco laws nor any other law applied directly to nicotine pouches, making them subject to general consumer laws. She said sales figures were not currently available, but that Luxembourg was in close contact with its neighbours and the European Commission to agree on action against nicotine pouches. “One option effectively consists in treating these products similarly to tobacco products,” Lenert said.
7th February 2023: Luxembourg: Opposition MPs Nancy Kemp-Arendt and Martine Hansen yesterday submitted a parliamentary question asking the Ministry of Health for sales and consumption figures for nicotine pouches. They also asked whether nicotine pouches are covered by any specific regulatory framework, since they do not come under the tobacco law, and whether the government plans to regulate pouches in a similar way to tobacco products.

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