Is the European Commission’s heated tobacco flavour ban out of bounds?

The recent proposal by the European Commission (EC) to ban flavoured heated tobacco products has sparked a debate on a number of issues. One of the most important of these is the examination of whether the EC has exceeded its powers by introducing a new legal definition – the one for heated tobacco products – into the Tobacco Products Directive (TPD) through a delegated act.

This report asks and answers questions about concerns over the issue, including relevant definitions and precedents, as well as possible outcomes and effects.

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Table of contents

  1. Introduction
  2. What is a delegated act and how does it differ from a legislative act?
  3. Limits to delegated acts
  4. CJEU’s view on what constitutes an ‘essential element of a legislative act’
  5. What’s next
  6. What this means

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