LATEST ALERTSTaiwan: The Health Ministry has proposed banning the use of floral, fruity, chocolate and mint-flavoured additives in tobacco products. If adopted, the measure would come into effect within 18 months of publishing. In January, the parliament adopted amendments to the tobacco legislation, allowing heated tobacco products that undergo a health risk assessment; however, the enforcement date has yet to be decided by the executive branch.
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Pakistan: During a seminar on the impact of nicotine and heated tobacco products on public health – held on 19th March in Khyber Pakhtunkhwa province – Nek Dad, public health director of the Directorate General of Health Services, called for a restriction on the use and marketing of heated tobacco products, highlighting the need to educate the public on their potential harm, press reports.
Bahrain: On 19th March, the minister of industry and commerce issued Decision No.26/2023, authorising the Ministry of Health to monitor the implementation of the Electronic Nicotine Products standards for a period of one year. Originally, Decision No.121/2021 mandated the Ministry of Health to monitor the implementation for six months.
US - New Mexico: House Bill 547 has been approved by both the Senate and House. The bill would change the definition of tobacco products for tax purposes to include all nicotine-containing products, including synthetic nicotine products. It would not change the existing tax rate on tobacco products, meaning that these products would be taxed at 25% of the product value.
Bulgaria: The Ministry of Finance has presented a draft Law on Amendments and Supplements to the Tax-Insurance Procedural Code, introducing a tax for "tobacco substitutes containing nicotine", which would include nicotine pouches. If adopted, the tax would be BGN167 (€85.39) per kg from 1st July 2023, BGN184 (€94.08) per kg from 1st January 2024, BGN202 (€103.28) per kg from 1st January 2025 and BGN222 (€113.51) per kg from 1st January 2026. The draft is open for public consultation until 16th April, when it will then be sent to the National Assembly.
20th March 2023 - Europe |
EU: EU environment ministers, particularly from Italy and Belgium, want more flexibility in implementing the Packaging and Packaging Waste Regulation, proposed by the European Commission in November last year, media reports. The regulation seeks to boost waste prevention and recycling by introducing new targets on reuse and mandatory deposit return schemes for used packaging, potentially affecting packaging requirements for tobacco and vaping products. During a debate held in the Environment Council last week, ministers from several EU countries disagreed with the choice of a regulation that would be directly applicable, instead preferring a directive that would allow more flexibility for implementation. The European Commission defended its proposal, specifying that the previous directive has failed to reduce waste. The aim of the debate was to provide political guidance, and we expect further debate before the Council reaches an agreement.
20th March 2023 - Europe, Netherlands |
Netherlands: Since the minister of infrastructure and water management highlighted the problems around cigarette filters, the government has engaged an independent research and consultancy organisation, CE Delft, to investigate how to reduce the number of cigarette butts on the street, media reports. Researchers estimate that between 0.12m and 3.5m kg of butts end up on the streets in the country annually, representing a danger to both nature and humans. According to the researchers, there are several options for reducing this number, including banning them on a European level, introducing a deposit system, as well as other measures such as starting a campaign to raise people’s awareness about their negative impact. Should any changes be implemented, we believe they would be applicable to the heated tobacco butts as well.
20th March 2023 - Europe, Netherlands |
Netherlands: After an inspection of 25 outlets in the Hague, the Dutch Food and Consumer Product Safety Authority (NVWA) found that the inspected points-of-sale did not comply with all the rules, violating the display ban that applies to tobacco and vapour products, among other things.
17th March 2023 - North America, United States |
US - General: The Food and Drug Administration (FDA) has authorised Altria Group-owned U.S. Smokeless Tobacco Co.'s Copenhagen Classic Snuff product to be marketed as a modified-risk tobacco product (MRTP). Copenhagen’s moist snuff is a pre-existing tobacco product that has been marketed in the US for years without MRTP status. The authorisation means that the product can be marketed with the language: "IF YOU SMOKE, CONSIDER THIS: Switching completely to this product from cigarettes reduces risk of lung cancer."
US - New York: The New York State Senate and New York State Assembly have rejected governor Kathy Hochul’s proposal to ban sales of flavoured tobacco products, which would have included menthol cigarettes, media reports. The proposal was first introduced in February as part of the governor’s 2023-2024 fiscal year budget. Hochul’s proposal was opposed by the State Assembly and State Senate, but both groups did agree to raise cigarette taxes from $4.35 to $5.35, making New York the state with the highest tax for cigarettes. The tax would also apply to heated tobacco products. A final budget deal is expected by 1st April.
17th March 2023 - Asia, Kyrgyzstan |
Kyrgyzstan: The parliament approved the bill "On amendments to certain legislative acts of the Kyrgyz Republic in the field of taxation" in the second and third readings, media reports. The bill would apparently change the taxation mechanism for heated tobacco products so they would be taxed based on weight (kg) instead of quantity (pieces), underpinning the principle of harm reduction. The consolidated version of the bill is not yet public. The bill would need to be signed by the president before it comes into effect.
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to heated tobacco products or e-cigarettes, since there is no definition of “cigarette” in the bill.
16th March 2023 - Europe, Netherlands |
Netherlands: The House of Representatives has approved a motion calling on the government to introduce licensing requirements for tobacco sales outlets, media reports.
Finland: The Ministry of Finance has confirmed to TobaccoIntelligence that heated tobacco products have been subject to excise tax since 1st January 2022, but said no such products are on the market in Finland. The ministry also confirmed that tobacco-free nicotine pouches are not subject to excise tax.
Qatar: The General Customs Authority has confirmed to TobaccoIntelligence that nicotine pouches are legal and can be imported by companies for commercial purposes under the Harmonised System (HS) code 24049130. The authority said no special labelling rules applied, but that importers should follow the general clearance procedures on the customs portal (Nadeeb), and that pouches are subject to an excise tax of 100%.
15th March 2023 - Europe |
EU: The Court of Justice of the European Union (CJEU) last week gave a preliminary ruling, as requested by the German Federal Court of Justice, on the interpretation of Article 8(3) of the Tobacco Products Directive, which states that health warnings on tobacco products must not be “partially or totally hidden” when they are placed on the market. The court said the fact that tobacco products are enclosed in vending machines, preventing health warnings from being seen from the outside, does not mean the warnings are “hidden” within the meaning of the directive.
15th March 2023 - Europe |
EU: Answering questions from MEPs Johan Nissinen of the right-wing Sweden Democrats and Anne-Sophie Pelletier of the French Left on when the proposal reviewing the Tobacco Excise Directive (TED) would be presented, the European Commission stated that “the revision is currently being finalised”, and ”a planned adoption date will be indicated in due course”.
Italy: The Customs and Monopolies Agency (ADM) has published a notice issued to retailers last week telling them to suspend sales of nicotine pouches until the Ministry of Health has analysed the content and safety of those currently on the market.
Slovenia: The National Institute of Public Health has supported a Ministry of Health bill which seeks to include nicotine pouches within the category of “related products” in the legal framework for tobacco products and to transpose the European Commission directive setting out the EU-wide heated tobacco flavour ban. The institute also recommends further restrictions, such as limiting sales points, extending the flavour ban to nicotine pouches, and banning the sale of chewing tobacco and snuff.
Lithuania: The Ministry of Health is looking to implement the Commission Delegated Directive (EU) 2022/2100 with an amendment to the Law on Tobacco Control, media reports. The amendment prohibiting the marketing of heated tobacco products with a characteristic flavour should be adopted by 23rd July of this year, and come into force and be applied from 23rd October. The amendment has not yet been circulated.
Serbia: Health minister, Danica Grujičić, told local media that the proposal to amend the Law on the Protection of People from Smoke Exposure will ban both smoking and vaping inside hospitality premises. The proposal has not yet been published. No other changes to the tobacco framework, namely the Tobacco Law, that would regulate e-cigarettes and heated tobacco in other policy areas have been announced.
China: The Healthy China Action Promotion Committee instructed enforcement agencies to "severely crack down" on illegal underage and online sales. The State Tobacco Monopoly Administration is also planning to step up enforcement of the tobacco control rules, and increase oversight over production in order to ensure that only licensed manufacturers remain on the market.
10th March 2023 - Europe, United Kingdom |
UK: At yesterday's debate, the National No Smoking Day, MPs asked the health secretary exactly when the response to the Khan review will be published and whether a “polluter pays” charge will be imposed on the tobacco industry in the upcoming budget. Junior health secretary, Neil O'Brien, answered that a set of proposals to realise the smokefree 2030 ambition and to respond to the Khan review’s recommendations will be revealed in the coming weeks.
Russia: Yesterday, a bill on the state regulation of production and circulation of tobacco and nicotine-containing products was approved by the Russian government, and was sent to the State Duma (lower chamber of the parliament). The proposed bill would introduce, among other things, state licensing of production and storage, import and export of tobacco and nicotine-containing products, including raw materials. The bill would also establish mandatory state registration for the main technological equipment used for the production of these products. It is also expected that the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) would be given control over such products.
US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.
Russia: The government agenda for today includes a discussion on a proposal concerning the production, licensing and packaging requirements for tobacco and nicotine products. There are currently no notification requirements specific to heated tobacco. Detailed analysis will be provided following the publication of the proposal.
9th March 2023 - North America, United States |
US - Federal: Yesterday, the Food and Drug Administration (FDA) announced that it is proposing new requirements for tobacco product manufacturers regarding the manufacture, design, packing and storage of their products. "For example, these requirements would help minimize or prevent the manufacture and distribution of tobacco products contaminated with foreign substances—such as metal, glass, and plastics—which have been found in tobacco products. The proposed rule would also help address issues related to inconsistencies between e-liquid product labeling and the actual concentrations in e-liquids; such variability can be misleading to consumers, potentially intensifying addiction and exposure to toxins." The proposed rule was filed yesterday, 8th March, and remains unpublished; it is scheduled to be published tomorrow, 10th March.
Spain: The Spanish Association of Establishments with Vending Machines (AEPVR) has sued the Commissioner for Tobacco Markets for an alleged campaign of harassment, press reports. Many bars that sell tobacco products via vending machines have been fined in recent months for not getting their supplies from one of the three nearest tobacconists, as the law requires. This has led a number of bars to withdraw the machines and stop selling tobacco. The AEPVR claims that since 2016 more than 50,000 tobacco vending machines have been withdrawn, removing “a natural barrier to smuggling”.
8th March 2023 - Europe, United Kingdom |
UK: Asked in Parliament about a possible “smoke-free fund” to be paid for by the tobacco industry to boost public health budgets, junior health minister Neil O’Brien said the government would be investing £35m this year in the National Health Service (NHS) to ensure that all smokers who are admitted to hospital are given NHS-funded tobacco treatment.
8th March 2023 - Czech Republic, Europe |
Czech Republic: National anti-drug coordinator Jindřich Vobořil has told reporters that an overdue action plan on addiction will be sent to the government by the end of March. The plan, which was to have been presented at the end of the last year, includes proposals for new taxation of addictive substances – reportedly including an excise tax for nicotine pouches – as well as bringing the tax on heated tobacco products closer to that on smoking tobacco.
Estonia: The Ministry of Social Affairs has drawn up a bill to amend the Tobacco Act, introducting a definition for heated tobacco, equating heated tobacco use with smoking, and establishing a flavour ban and mandatory health warning for heated tobacco in line with the EU’s Commission Delegated Directive 2022/2100. The bill has not yet been introduced in Parliament.
Italy: The Customs and Monopolies Agency (ADM) has told retailers to suspend the sale of nicotine pouches until the Ministry of Health has analysed the content and safety of those currently on the market, media reports. No official notice to that effect has been published on the ADM website.
7th March 2023 - North America, United States |
US - general: Tobacco giant Altria has entered into an agreement to acquire e-cigarette manufacturer Njoy for approximately $2.75bn. The purchase will give Altria control over the Njoy Ace, currently the only pod-based vape product with market authorisation from the US Food and Drug Administration (FDA).
7th March 2023 - Paraguay, South America |
Paraguay: MP José Rodríguez said yesterday that his Partido Liberal Radical Auténtico (PLRA), the largest opposition party, will press for the excise duty on tobacco products, including heated and oral tobacco, to be raised to 24% of the wholesale price – the highest rate allowed by law, press reports. The government recently raised the duty from 20% to 22% of the wholesale price.
7th March 2023 - Czech Republic, Europe |
Czech Republic: An amendment to the Act on the Protection of Health from the Harmful Effects of Addictive Substances will come into force on 17th March. It will apply to nicotine pouches the restrictions that already cover sales and public place use of tobacco and e-cigarettes, including the ban on sales to minors. Retailers will be given three months to adapt to the new rules.
Italy: The Ministry of Health will present a bill to Parliament soon to eliminate smoking rooms in public places and extend the smoking ban to outdoor bars, restaurants, public transport stops, and public parks frequented by children and pregnant women, media reports. The bill would also equate vaping and heated tobacco use to smoking.
6th March 2023 - Europe, Luxembourg |
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.
US - Alaska: Senate Bill 89 has been introduced, which would raise the minimum age to purchase tobacco, nicotine and vaping products from 19 to 21. It would also levy a tax on closed-system e-cigarettes at 25% of the wholesale price. Governor Mike Dunleavy vetoed a similar bill last year.
6th March 2023 - Asia, Philippines |
Philippines: The Department of Trade and Industry’s Consumer Protection Group has warned all e-commerce platforms to comply with vaping and heated tobacco regulation, or risk facing intensified monitoring and enforcement. It follows an increase in the number of online retailers found to be selling non-compliant products, such as products without the required health warnings or with flavour descriptors.
6th March 2023 - North America, United States |
US - general: Altria has announced that it has exchanged its investment in Juul Labs for a non-exclusive global licence to certain of Juul’s heated tobacco intellectual property. Juul stated: “The return of Altria’s equity stake and termination of underlying agreements affords us full strategic freedom – we are no longer limited by the terms of those agreements to pursue other strategic opportunities and partnerships.” The e-cigarette manufacturer added that it would “continue to pursue future applications for new products to accelerate our mission and progress for the adult smoker, public health, and an end to combustible cigarettes”.
3rd March 2023 - North America, United States |
US - General: The US Court of Appeals for the Federal Circuit has updated TobaccoIntelligence on the current status of Appeal No. 22-1227 (Philip Morris Products vs the International Trade Commission), saying: “The judges have not yet issued their decision. At this point, the next step would be for the judges to issue their decision, and the parties are not currently under obligation to file anything. We are unable to provide a timeframe wherein the decision might be issued.”
Italy: Health minister Orazio Schillaci said that nicotine pouches are harmful to health and that he has started a procedure to suspend their sales, local news reports. However, no official documents have been published.
Egypt: Representative Ghada Ali, a member of the Nation’s Future Party (ruling party), said in a televised interview that a bill is being prepared to increase the fine for selling any tobacco product to under-age consumers. Currently, selling tobacco products to under-18s can lead to imprisonment of one year, a fine of between EGP100 ($3.25) and EGP1,000 ($32.50), forfeiture of materials and tools used in advertising or promotion, and possible closure of the plant or store subject to the breach.
Russia: Bill 204240-8, amending Federal Law No. 15-FZ on “health protection from exposure to environmental tobacco smoke and the consequences of tobacco consumption”, has passed through its first reading in the State Duma (lower chamber of the parliament). The bill would establish nationwide restrictions on the volume of heated tobacco consumables without traceability marking that individuals can transport. Under the bill, no more than 200 pieces of heated tobacco consumables without marking per person would be permitted to be transported. The bill aims to fight the growth of the illicit market created by the influx of cheaper products entering Russia from Eurasian Economic Union (EAEU) countries due to the lack of customs borders, media reports.
3rd March 2023 - Asia, Bangladesh |
Bangladesh: During an event to discuss the role of the media in tobacco control, the Development Organisation of the Rural Poor, a non-governmental organisation (NGO) based in Bangladesh, urged the government to amend the tobacco control law and ban all types of electronic smoking, impose more restrictions on tobacco retail, and increase the size of health warnings on cigarette packets from 50% to 90%, press reports.
US - New York: State Assembly bill A 4932 has been introduced. This bill would prohibit the sale of any vapour or tobacco products containing the substance N-Ethyl-p-menthane-3-
US - Hawaii: The House Committee on Finance has recommended that House Bill 551 be passed unamended. The bill would prohibit the sale of flavoured tobacco products and the mislabelling of e-liquids as nicotine-free.
Italy: The Customs and Monopolies Agency (ADM) has issued a circular with detailed instructions for monthly reporting of nicotine pouch excise stamps.
2nd March 2023 - Europe |
EU: Commission Implementing Regulation (EU) of 1.3.2023 amending Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products was adopted yesterday. The purpose is to facilitate reporting of all involved in the trade in tobacco products and good practice in data management and analysis. The technical rules concern “the operation of the various components of the repositories system, the tasks of and the procedures to be followed by the ID issuers as well as the reporting activities of the economic operators and the technical tools available to the Member States in the context of their enforcement duties, in particular, all access interfaces including for mobile inspections”. Track and trace obligations, which currently apply to cigarettes and roll-your-own tobacco, will be extended to all tobacco products from 20th May 2024, and we believe will eventually apply to all other tobacco alternative products.
