LATEST ALERTSEU: Commission Delegated Directive 2022/2100 amending the Tobacco Products Directive (TPD) to set out a flavour ban on heated tobacco products has been published in the Official Journal today. The delegated directive will enter into force on 23rd November 2022. Member states must transpose the delegated act into their national frameworks by 23rd July 2023 at the latest, and provisions will start applying in member states from 23rd October 2023.
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Slovakia: The amendment to the Act on the Production, Labelling and Sale of Tobacco and Related Products and to the law on the protection of non-smokers with regard to nicotine pouches regulation has been signed by president Zuzana Čaputová, media reports. The amendment is reported to introduce age limits, labelling requirements, and a maximum nicotine content of 20 mg per pouch. It will come into force as of 1st January 2023.
2nd November 2022 - Europe |
EU: TobaccoIntelligence has obtained an incomplete copy of the impact assessment report accompanying the proposal for a council directive amending the Tobacco Excise Directive. This or a very similar draft is to be discussed on 7th December. In order to take into account economic differences within the EU, the European Commission is proposing an index whereby the minimum tax would be periodically adjusted for each individual member state dependent on purchasing power parity (PPP). There would be corrective criteria to avoid huge differences between low- and high-income countries. The EU intends to substantially increase all tobacco and nicotine taxes, as well as to encompass new products and any that emerge later by creating a “catch-all” category. There would be two systems for heated tobacco: one for stick-based products, with a proposed tax of €91 per 1,000 units, and one for other systems at €130 per kg. TobaccoIntelligence will publish further details of the proposed taxes tomorrow, including those for pouches.
Massachusetts: The Massachusetts Superior Court has dismissed a challenge to the town of Brookline’s Tobacco-Free Generation bylaw, which will remain in effect, town administrator Chas Carey has announced. The bylaw prohibits anyone born after 1st January 2000 from purchasing tobacco products, including e-cigarettes, in the town. “The dismissal of this challenge is a positive outcome, validating decades of tobacco control work in local government to reduce access to tobacco and nicotine products and prevent disease for future generations,” the town’s public health commissioner Sigalle Reiss said. “Brookline has laid the path that other communities may now follow as they seek to keep harmful tobacco products out of the hands of generations to come.” Brookline, which lies in the Boston metropolitan area, has a population of around 60,000.
Israel: With most votes counted after yesterday’s general election, the Likud party led by former prime minister Benjamin Netanyahu appeared set to unseat premier Yair Lapid and return Netanyahu to power. Netanyahu’s right-wing bloc, which includes the Religious Zionist Party (RZP), the conservative United Torah Judaism (UTJ), and the religious Shas party, has a more negative approach to vaping and new tobacco products than the outgoing government, as shown by the policies implemented in its previous terms of office.
Vietnam: Members of the one-party National Assembly have expressed concern about a potential pilot project for the regulation of e-cigarettes and heated tobacco, press reports. Pham Van Hoa, who sits on the Law Committee, said a pilot scheme was inappropriate before the products had been through an impact assessment.
2nd November 2022 - Europe |
EU: The scrutiny period on the Commission Delegated Directive setting out a flavour ban on heated tobacco products has ended, with no objections registered by either the Council of the European Union or the European Parliament. Contrary to earlier reports, the Delegated Directive has not yet appeared in the Official Journal, although it is likely to be published soon, and will come into force 20 days later.
Denmark: In snap elections held yesterday, the centre-left bloc retained its power with Social Democrat leader Mette Frederiksen remaining prime minister. The government is likely to maintain its restrictive position on tobacco and vaping control.
2nd November 2022 - Asia, Saudi Arabia |
Saudi Arabia: The National Committee for Tobacco Control plans to increase the excise tax on all tobacco products to 150% in an attempt to limit the number of tobacco users, press reports.
Tunisia: The Tunisian General Workers’ Union (UGTT) says it will oppose the privatisation of the state-owned National Tobacco and Matches Administration, press reports. Privatisation, which the government has reportedly promised the International Monetary Fund it will carry out, would end the state monopoly of all tobacco product manufacture, marketing and supply.
31st October 2022 - Europe, United Kingdom |
UK: Today, the deputy CEO of Action on Smoking and Health (ASH), Hazel Cheeseman, called for coherent regulation that covers all nicotine products, including nicotine pouches, especially in respect to regulating underage sales.
Latvia: The deadline for sending comments relating to the bill amending the Tobacco Act is today, 31st October. The regulation equates e-cigarettes and other tobacco substitutes to tobacco products. The bill was approved in its second reading earlier this month and in the coming months the third and final reading is expected to take place.
31st October 2022 - Brazil, South America |
Brazil: The candidate from the left-wing Workers' Party (PT), Luís Inácio Lula da Silva, won the presidential elections with 50.9% of the votes. He has not expressed his opinion about new products, but the Workers' Party has defended strict policies towards tobacco regulation, as shown in our Policy Radar.
31st October 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) has received numerous comments from a variety of industry members about certain aspects of its Tobacco Program. Many of the comments claim that the regulatory agency has not convened its own group of scientific advisors in nearly four years and makes decisions based on political agenda and not the science surrounding nicotine products. Another comment states that the Tobacco Control Act (TCA) favours combustible tobacco products by allowing new combustible products to take easier pathways to market, such as being considered pre-existing tobacco products. The comment period will remain open until 7th November 2022.
Hong Kong: Hong Kong could reverse the ban on the re-export of e-cigarettes and heated tobacco products by the end of this year, as reported by South China Morning Post.
Spain: The Ministry of Health has launched a new campaign against tobacco and vaping products. The campaign – titled "The smoke does not allow you to see" – claims that tobacco filters contain a substance that releases microplastics into the environment. It also states that cartridges and batteries from heated tobacco products increase the amount of "electronic waste". More information on which legislation is currently being discussed at the EU level and what effect it may have on tobacco products can be found in our environmental tracker.
28th October 2022 - South America, Uruguay |
Uruguay: The Executive Branch issued a decree obligating tobacco companies to submit a statement indicating the number of units sold per month of each brand and size to the Ministry of Health every semester. The decree specifically mentions that the obligation applies to heated tobacco.
28th October 2022 - Brazil, South America |
Brazil: The director of the National Public Health Surveillance Agency (Anvisa), Antonio Barra Torres, told local media that the discussion about the legal situation of e-cigs and heated tobacco products is expected to be held by the authority's board in December. The authority is likely to open the subject for public consultation, but according to the director, so far the understanding is to follow the board's decision on maintaining the current ban.
28th October 2022 - Asia, Philippines |
Philippines: Today (28th October), the Philippines Department of Trade and Industry is holding a virtual public consultation on implementing rules and regulations (IRR) of the Vaporized Nicotine Products Regulation Act, which further regulates e-cigarettes and heated tobacco products. The IRR sets rules on e-cigarette and heated tobacco labelling, sale, advertising, sponsorship and purchase.
27th October 2022 - Europe, United Kingdom |
UK: According to the parliamentary agenda, the publication of the government’s Tobacco Control Plan will be discussed in the House of Lords on 23rd November.
Georgia: Standardised plain packaging for tobacco products will become mandatory from 31st December under the Law on Tobacco Control, media reports. Tobacco importing companies had called for implementation of the rule to be postponed to enable them to switch to alternative suppliers due to the war in Ukraine, which used to be the main producer of tobacco products for Georgia; however, deputy health minister Tamar Gabunia reportedly said there was no reason to delay.
26th October 2022 - Europe, United Kingdom |
UK: New prime minister Rishi Sunak has reappointed Steve Barclay as Secretary of State for Health and Social Care, a role he previously held from 5th July to 6th September this year. The UK Vaping Industry Association said it was imperative that Barclay “reinstates the Health Disparities White Paper and commits to the publication of the Tobacco Control Plan this year, building on the Khan Review”.
26th October 2022 - Europe |
EU: The reform of the EU’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation is expected to be postponed until the end of 2023, according to the European Commission’s work programme, media reports. The delay means the reform is unlikely to be adopted before the next European Parliament elections in May 2024. The REACH regulation already applies to the cannabis and hemp-based vapour industry, but the revision may lead to enhanced reporting and evaluation of chemicals. It is already considered to be one of the strictest laws to date regulating chemical substances and will affect industries throughout the world; its revision could mean tighter restrictions on some problematic chemicals or even the banning of some.
26th October 2022 - Europe |
EU: The European Commission yesterday approved the proposed acquisition of Swedish Match by Philip Morris International (PMI), announced in May, provided PMI complies with the commitments offered. These commitments, suggested by PMI to address the Commission’s preliminary competition concerns, consist of divesting Swedish Match’s logistics arm, SMD Logistics. The Commission will closely monitor the divestment process, including the choice of a suitable purchaser for the divested business, which will have to be approved by the Commission.
Austria: The federal government has presented to Parliament the Budget Accompanying Bill 2023, which would bring in a gradual increase in heated tobacco tax, starting at €164 per kg from 1st April 2024 and rising to €215 per kg on 31st March 2026. The bill has yet to be approved by Parliament.
25th October 2022 - France |
France: The National Assembly has adopted an amendment presented by the government to the 2023 Social Security Financing Bill which aims to introduce two tax categories for heated tobacco products and an annual tax increase until 2025. In order to encompass possible future products, one category would tax heated tobacco sticks, while the other would tax all other forms in which heated tobacco is sold. The government amendment was presented after several parties criticised the original wording of the bill, which would only have taxed heated tobacco sticks. An amendment to tax nicotine pouches at €22 per kg was declared inadmissible.
25th October 2022 - Europe |
EU: Due to a scheduled system upgrade, it will not be possible to notify products through the EU Common Entry Gate (EU-CEG) between 9:00 and 14:00 CET tomorrow, 26th October.
25th October 2022 - Philippines |
Philippines: The Department of Trade and Industry is to hold a virtual public consultation on Friday, 28th October, on the draft implementing rules and regulations of the Vaporized Nicotine and Non-Nicotine Products Regulation Act. The rules cover labelling, sale, advertising, sponsorship and purchase of e-cigarettes and heated tobacco products.
Estonia: The Social Commission of the Parliament scheduled the first reading of the Tobacco Act Amendment Act 654 SE for the plenary session on 8th November. The bill aims to repeal the domestic long-distance sales ban on heated tobacco products, the ban on displaying heating devices at the point-of-sale, and to introduce a comprehensive legal framework for nicotine pouches.
US - Oregon: The Multnomah County Public Health Division has recommended that a ban on flavoured tobacco and nicotine products be passed in the county, local news report. The aim behind it is to reduce youth access to these products. Multnomah County has a population of around 815,000, making it the state's most populous county.
US - California: A flavoured tobacco products ban referendum is on the 8th November ballot in California. Some health organisations are advocating to vote yes, so as to uphold Senate Bill 793, which would ban the sale of flavoured tobacco products. San Luis Obispo County health officer, Penny Borenstein, is among them, encouraging the community to vote yes, stating: "We stand with commendable health organizations such as the American Heart Association, the American Lung Association, the Cancer Action Network of the American Cancer Society, the California Medical Association, and the American Academy of Pediatrics." San Luis Obispo County has a population of around 280,000.
21st October 2022 - Europe, United States |
UK: Yesterday, junior health secretary, Caroline Johnson, said that the government is reviewing how the powers provided by the Retained EU Law (Revocation and Reform) Bill can be used. Should these be used for reforms to tobacco control, this will not reduce the current standards. "Maintaining patient safety and public health will remain paramount and the government continues to work with a range of organisations and stakeholders," added Johnson, whose prime minister Liz Truss resigned yesterday. We anticipate that this will further delay publication of the already overdue tobacco control plan.
21st October 2022 - Europe |
EU: The European Commission has published its work programme for 2023 addressing its "headline ambitions". The programme states that the Commission will continue with the Beating Cancer Plan, and a Revision of the Council Recommendation on smoke-free environments is set for the second quarter of 2023. Although not mentioned in the work programme, other initiatives are under consideration at the EU level.
Georgia: 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.
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.
