LATEST ALERTSGeorgia: Tobacco importing companies are demanding that the regulation for standard packaging for tobacco products in Georgia is postponed, media reports. Last week, we reported that this regulation, which is due to come into force on 31st December 2022, might be postponed. If adopted, the proposed bill would postpone the change to 31st December 2024 due to the war in Ukraine, as more than 80% of the tobacco products intended for Georgia were produced in Ukrainian factories and now tobacco importers must find alternative markets. According to the importers, this process can't be finalised until the end of this year, which is why they are demanding approval of the relevant bill as soon as possible.
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Slovakia: The amendment to the Act on the Production, Labeling and Sale of Tobacco and Related Products and to the Law on the Protection of Non-smokers with regard to nicotine pouch regulation was approved in the National Council of the Slovak Republic yesterday, media reports. The amendment introduces age limits, labelling requirements as well a maximum nicotine content of 20 mg per pouch. The amendment, despite not yet being publicly available, is effective from January 2023.
20th October 2022 - North America, United States |
US - general: Philip Morris International (PMI) today announced an agreement with Altria to end the companies’ commercial relationship covering Iqos in the US as of 30th April 2024. PMI will pay a total of $2.7bn – $1bn of which was paid when they made the agreement, the remainder will be paid by July 2023. PMI’s CEO Jacek Olczak said: “This agreement gives PMI full US commercialisation rights to Iqos within approximately 18 months and provides a clear path to fulfilling the product’s full potential in the world’s largest smoke-free market, leveraging PMI’s full strategic and financial commitment to Iqos’s success.”
Belgium: Health minister Frank Vandenbroucke has proposed a ban on tobacco vending machines in bars, restaurants and catering facilities, allowing them only in supermarkets. The ban would include vaping products and nicotine pouches as well as conventional tobacco products. The bill is moving forward and has been voted on at its first reading.
20th October 2022 - Europe |
EU: Following a Freedom of Information request by TobaccoIntelligence, the European Commission has disclosed the comments sent by Croatia, Hungary and Sweden to the Belgian TRIS notification of a Royal Decree seeking to ban the manufacture and sale of nicotine pouches. All three countries question whether the protection of public health could be achieved through less restrictive measures, while Hungary considers that “the ban treats nicotine pouches less favourably than products with a possibly worse risk profile available on the market (e.g. conventional cigarettes)”. TobaccoIntelligence will publish a report on the matter in the next few days.
France: A number of amendments to the 2023 Social Security Financing Bill (nos. 46, 1217, 1442, 1979, 2329, 2862, 2921 and 3272) have been put forward by different political parties, all with the aim of taxing heated tobacco by weight in order to encompass possible future products. As it currently stands, the bill would tax heated tobacco consumables at a rate of €44 per 1,000 units plus an ad valorem tax of 51.4%. Meanwhile, president Emmanuel Macron’s Renaissance Party (formerly En Marche!) has introduced an amendment to tax nicotine pouches at €22 per kg.
US - Massachusetts: The Massachusetts Superior Court has dismissed a lawsuit challenging a local by-law banning the sale of tobacco products in the town of Brookline to anyone born after 1st January 2000. The court saw no conflict between the town law and state law, which specifically allows cities and towns to restrict the sale of tobacco products.
19th October 2022 - Europe |
EU: Swedish MEP Sara Skyttedal has submitted a parliamentary question asking the European Commission whether it intends to include new nicotine products such as nicotine pouches in the ongoing revision of the Tobacco Excise Directive (TED), whether it agrees that new non-tobacco nicotine products play an important role in reducing the number of smokers and, if so, how this will affect the revision of the TED. Skyttedal is a member of the Christian Democrats party, affiliated to the centre-right European People’s Party Group.
19th October 2022 - Europe |
EU: Sources within the European Parliament have told TobaccoIntelligence that no member of the European Parliament Committee on the Environment, Public Health and Food Safety has shown any interest in objecting to the Commission Delegated Directive setting out a flavour ban on heated tobacco products, so it will not be discussed. The act will therefore be published automatically in the Official Journal once the scrutiny period ends on 29th October – though as that is a Saturday, publication will probably be on Monday 31st October.
18th October 2022 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has published a press release reviewing its activities in the last months, stating: "FDA Completes Initial Review of 95% of Non-Tobacco Nicotine Product Applications; Agency Has Issued Over 60 Warning Letters to Manufacturers, Including for Products with a Submitted Application and Negative Action."
18th October 2022 - Europe |
EU: Today is the last day to submit comments on the European Commission's published draft Delegated Regulation amending Regulation (EC) No 1272/2008 regarding hazard classes and criteria for the classification, labelling and packaging of substances and mixtures (CLP Regulation). The amendment seeks to “insert new hazard classes and their criteria into the CLP Regulation for its adaptation to technical and scientific progress”, which may impose additional obligations on the producers of nicotine products in relation to additional chemicals that may be contained in a device or delivery mechanism. Feedback will be taken into account to finalise this initiative.
Bahrain: The Bahraini Testing and Metrology Directorate has confirmed to TobaccoIntelligence that according to the Technical Regulation of Electronic Nicotine Products it is mandatory to include a production code (batch number) on all packaging. No specific format has been envisaged and importers are free to place the batch number anywhere on the package.
18th October 2022 - Asia, Philippines |
Philippines: The Bureau of Philippine Standards, an agency of the Department of Trade and Industry, has included vaping and heated tobacco products in the list of consumer goods subjected to mandatory certification to ensure they conform with the Philippine National Standards. The standards ensure product consistency in the market. The certification for vaping and heated tobacco products will be mandatory from 4th January 2024.
18th October 2022 - Europe, Montenegro |
Montenegro: In 2022, authorities fined 258 people for not complying with vaping/heated tobacco/tobacco usage in bars and restaurants, local press reports. The authorities do not have a precise number on how many of those were for responsible persons managing hospitality premises and how many of those were for individuals who vaped/used heated tobacco/smoked, but the practice is – according to restaurateurs – that they are the ones who are fined, not the guests. Similarly, there is no data showing how many vapers were fined compared to smokers or heated tobacco users.
18th October 2022 - Czech Republic, Europe |
Czech Republic: Yesterday, the national anti-drug coordinator Jindřich Vobořil held a press conference about a new action plan in the field of addiction, media reports. The new plan has several priorities, including the regulated market for tobacco, and future taxation of e-cigarettes and nicotine pouches in particular. The government should receive the finished document with individual plans and implementation dates by the end of the year.
Americas: The Pan American Health Organization, the regional office of the World Health Organization (WHO), has published a paper on “Taxation of novel and emerging nicotine and tobacco products (HTPs, ENDS, and ENNDS) globally and in Latin America”, analysing “the evolution and market structure” of heated tobacco and e-cigarettes, with and without nicotine, and proposes “possible elements of a good tax policy approach for countries to consider”. The paper makes extensive use of TobaccoIntelligence data.
17th October 2022 - Czech Republic |
Czech Republic: National anti-drug coordinator Jindřich Vobořil will present a new action plan on addiction to government officials and interested members of parliament and senators today, media reports. According to Vobořil, priorities include the regulated cannabis and tobacco markets. ECigIntelligence understands the plan is based on the principle of harm reduction, as previously mentioned by officials. This could lead to the promotion of vaping products and alternative tobacco products to current smokers. Voboři believes the proposal will pass and could apply as early as mid-2023.
Latvia: Yesterday, the Saeima (Latvia's parliament) approved in a second reading a bill amending the Tobacco Act. The regulation equates e-cigarettes and other tobacco substitutes to tobacco products. Proposals can be submitted until 31st October, and it is expected that in the following months the third and final reading will take place.
Georgia: The transition to standardised packaging for tobacco products, due to come into force on 31st December, may be postponed, media reports. It is now proposed to delay the change by two years as more than 80% of tobacco products intended for Georgia were produced in Ukraine, and the war there means importers now have to find other producers.
11th October 2022 - Europe, United Kingdom |
UK: The long-awaited tobacco control plan may not be published after all, press reports. After its publication was delayed under the previous Conservative cabinet, there are now fears that new health secretary Thérèse Coffey will give up on it altogether. This follows an interview in which Coffey said she doesn’t have a personal view on smokefree policies.
Iceland: The Ministry of Health has told TobaccoIntelligence that, for the time being, it does not plan to issue a regulation restricting the marketing of flavoured nicotine pouches. Plans for a flavour ban were quashed when the Parliamentary Welfare Committee deleted the provision on flavours, proposed by the Ministry of Health in the first draft of a recently-enacted bill amending Act 87/2018 on E-cigarettes, Refills and Nicotine Products.
Belgium: The government was today presenting its 2023 Budget, which was expected to include further increases in excise duty on tobacco products over the next two years and a vapour products tax to start in 2024, media reports.
Italy: The Customs and Monopolies Agency (ADM) has updated the retail prices and excise duties for heated tobacco consumables.
11th October 2022 - North America, United States |
US - general: A new study published in the American Journal of Preventive Medicine, “US adults’ public opinion toward R-rating labels for movies with cigarette smoking”, has concluded that 47% of US adults support a policy that would designate R-ratings for movies depicting smoking, while just 20.3% were opposed and 30.3% neutral on the issue.
Portugal: The government has presented its Budget for 2023, which includes a proposal to increase the specific heated tobacco tax from €0.0845 to €0.0896 per g. It also stipulates that the total tax on heated tobacco cannot amount to less than €0.193 per g. The Budget is yet to be discussed in parliament, with a final vote scheduled for 25th November.
Slovenia: On 5th October, the Ministry of Finance opened the comment period for a regulation that seeks to set out new applicable excise duties for heated tobacco. Currently taxed at €105 per kg of tobacco weight, the regulation proposes a new excise duty of €110 per kg of tobacco from 1st December 2022 to 31st March 2023, increasing to €115 per kg of tobacco from 1st April 2023 to 31st October 2023, and to €120 per kg of tobacco from 1st November 2023. The comment period ends on 12th October 2022.
Iceland: The period to submit comments to the bill that would amend the Tobacco Control Act No 6 of 2002 by transposing the European Tobacco Products Directive into the Icelandic legal framework ends today. If eventually adopted, new product restrictions, labelling restrictions and notification requirements will apply to heated tobacco products in the future. Certain provisions would also be applicable to chewing tobacco products – the only legal oral tobacco products in Iceland.
Malaysia: Prime minister Ismail Sabri Yaakob has announced that Parliament will be dissolved today, paving the way for general elections, which are reportedly expected to be held in early November. The dissolution of the Parliament quashes the Ministry of Health's plans to re-table the Tobacco and Smoking Control Bill 2022 in Parliament, which sought to ban the sale of tobacco products to anyone born after 2007.
Germany: The Federal Institute for Risk Assessment (BfR) has released an updated risk assessment report about nicotine pouches. Using 44 samples, the authority concluded that nicotine pouch use causes higher blood pressure, in a similar range if compared with conventional cigarette consumption. In terms of harm minimisation, it also states that switching from cigarettes to nicotine pouches could result in a reduced health risk for a person who smokes. Nicotine pouches are regulated as novel food and cannot be placed on the market.
EAEU: In accordance with the decision of the Council of the Eurasian Economic Commission, heated tobacco products are included in the list of goods for personal use that can be imported into the customs territory of the Eurasian Economic Union (EAEU, an economic union of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia) without payment of taxes, subject to quantity norms, namely up to 200 heated tobacco consumables. These norms apply to individuals age 21+ when entering Kazakhstan, and to those age 18+ when entering other EAEU member states. The decision comes into force tomorrow, 8th October 2022.
US - Michigan: The University of Michigan announced it “will prohibit the use of all tobacco products on all of its campuses effective Nov. 17, in conjunction with the Great American Smokeout”. The update will ban e-cigarettes and smokeless tobacco products, which are not included in the current policy.
6th October 2022 - Colombia, South America |
Colombia: President Gustavo Petro has decided not to increase the tax on tobacco products, press reports. Medical societies had been urging the government to raise the tax on heated tobacco and some members of the Chamber of Representatives have already criticised the decision not to do so as part of Petro’s overall tax reforms.
Ukraine: The health ministry’s Public Health Centre has set up an online platform for anyone who encounters a violation of anti-tobacco legislation to report it, either through the website or via an app. Complaints about violations of public place usage restrictions, illegal trade, advertising, or lack of warning information will automatically be sent to the relevant department.
5th October 2022 - Asia, Saudi Arabia |
Saudi Arabia: The Saudi Shura Council has amended the Anti-Smoking Law, raising the purchasing and distribution age for all tobacco products from 18 to 21, press reports. The amendments also stipulate that designated areas for tobacco use and vaping will also be reserved to those aged 21 and above.
Lithuania: A bill to strengthen the Drug, Tobacco and Alcohol Control Department (NTAKD)’s power to shut down illegal advertising and internet sales of tobacco and tobacco-related products has been introduced in parliament. If it is passed, the NTAKD will have the power to order internet and network service providers to remove the illegal content.
Italy: The Customs and Monopolies Agency (ADM) has updated the excise duties and prices of six flavours of heated tobacco consumables.
5th October 2022 - Europe |
EU: Reuters reports that “internal sources” say the EU antitrust enforcer does not see any competition issues arising from Philip Morris International (PMI)’s bid to buy Swedish Match, but that “a final decision has not been made”. It is also reported that PMI “expects EU antitrust approval” and that the process with the European Commission will be completed towards the end of this month.
Malaysia: A parliamentary special select committee (PSSC) tabled a statement in parliament today on the Tobacco and Smoking Control Bill 2022, agreeing that the proposed Generational Endgame ban on the sale of tobacco products is constitutional, and that a separate regulation for non-combustible alternatives is not required. Among proposed amendments, the PSSC has agreed to drop the provision banning the possession of vaping products. The likelihood of the bill passing remains unclear, due to reported speculation that Parliament will be dissolved soon to make way for general elections.
4th October 2022 - Europe |
EU: The EU Economic and Financial Affairs Council confirmed today that it will not object to the Commission Delegated Directive setting out a flavour ban on heated tobacco products, sources within the Council of the European Union told TobaccoIntelligence. If the European Parliament raises no objection, the directive will be published in the Official Journal on 30th October.
4th October 2022 - North America, United States |
US - general: A federal appeals court was not receptive yesterday to arguments put forward by Philip Morris International (PMI), accusing the US International Trade Commission (ITC) of failing to consult the Food and Drug Administration (FDA) before imposing an import ban on the company’s FDA-approved Iqos heated tobacco products, Reuters reports. Attorney Gregory Garre, for PMI, claimed the ITC’s public request for comment did not amount to “consulting” with the FDA, as required by federal law. However, judge Kara Stoll said the ITC had considered 32 documents from the FDA in making its decision.
Denmark: The previously reported plan to ban access to tobacco and nicotine products for anyone born in or after 2010, presented in April by the Health Ministry, is unlikely to be approved before the elections. In an alleged government crisis, prime minister Mette Frederiksen is expected to call general elections no later than 4th October 2022. The centre-left and government supporter Danish Social Liberal Party has said that if the deadline is not respected, the party will present a vote of no confidence in the prime minister.
Bulgaria: With 99% of the ballots counted, partial official results show former prime minister Boyko Borissov's centre-right GERB party winning with 25.4% in Sunday's election, the fourth in less than two years. Its main rival, Kiril Petkov's reformist We Continue the Change, whose coalition cabinet collapsed in June, came second with 20.2%. The makeup of the new government coalition is still unclear. If Petkov is part of this government, an attempt to increase heated tobacco excise duties could be expected, as the former government failed to do so in June this year when it was dissolved following a no-confidence vote.
Latvia: Parliamentary elections took place on 1st October, with the centre-right coalition alliance, New Unity, obtaining the largest number of votes, press reports. New Unity, to which the current prime minister belongs, obtained 18.97% of the votes. It is likely that other alliances such as the Union of Greens and Farmers (ZZS) or the centre-right National Alliance (NA) will join New Unity in the government. Therefore, since it is likely that the same alliance will run the country, no big changes are expected to the tobacco policy.
Malaysia: A motion to postpone the presentation of the parliamentary special select committee (PSSC) report on the Tobacco and Smoking Control Bill 2022 to 6th October has been approved today, press reports. The report on the bill, which seeks to ban the sale of tobacco products to anyone born after 2007, was expected to be presented today. It is still unclear if the actual bill will be tabled in Parliament on the same day, before the expected tabling of the Budget 2023 takes place on 7th October.
3rd October 2022 - Brazil, South America |
Brazil: None of the presidential candidates achieved the majority needed to win the election in the first round yesterday (2nd October). The second round, which will take place on 30th October, will decide between the current president Jair Bolsonaro (43% votes) from the right-wing Liberal Party, and Luis Inácio Lula da Silva (48% votes) from the left-wing Workers' Party. Although neither candidate has expressed their opinion towards new products, both parties have defended strict policies regarding tobacco regulation, as shown in our Policy Radar.
3rd October 2022 - Europe |
EU: Tomorrow, the Council of the European Union (Economic and Financial Affairs) will discuss the Commission Delegated Directive setting out the flavour ban on heated tobacco products, alongside the joint statement put forward by Bulgaria, Cyprus, Greece and Italy alleging a possible overstepping of powers by the Commission. The likelihood of the Delegated Act passing is considerably high, given the fact that last week the Permanent Representatives Committee (Coreper) recommended that the Council should not raise any objections to the Act.
Egypt: Tomorrow, 1st October, is the deadline given to companies manufacturing, importing and distributing tobacco and its alternatives to affix prices on tobacco products, e-cigarettes and tobacco alternatives using a QR code, in accordance with the Egyptian Consumer Protection Agency (CPA) Resolution No. 125 of 2021.
Belarus: Under Presidential Decree №224, the tax rate for heated tobacco will increase to BYN178.77 ($70) per kg from 1st October.
Portugal: As shown in TobaccoIntelligence’s compliance calendar, today is the last day for importers and producers of all tobacco products to submit an annual report on market data to the Directorate-General of Health.
29th September 2022 - Europe |
EU: TobaccoIntelligence has today launched its third Survey on New Nicotine Products in the EU. We are asking Members of the European Parliament (MEPs) about their views on e-cigarettes, heated tobacco and nicotine pouches and their regulation. Consolidated results will be published, comparing the results with similar surveys carried out in the past two years. This year’s survey is especially relevant given the current policy debates on the topic. In both previous surveys, there was a clear correlation between higher levels of knowledge about novel nicotine products and lower perceived risk. Though the exact degrees of correlation varied by product category, the overall picture was consistent: those who were aware of and had some knowledge of a given category considered it less risky, compared to smoking combustibles, than those unfamiliar with it.
