LATEST ALERTSBrazil: The National Public Health Surveillance Agency (Anvisa) will discuss the regulation of e-cigarettes and heated tobacco at its next meeting, on 22nd June, when it will consider information and comments received during a public consultation, which closed on 10th June. No final decision is expected yet. In its preliminary report, published in April, the agency suggested that the existing ban should be maintained.
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16th June 2022 - Asia, Kazakhstan |
Kazakhstan: The organisation League of Consumers of Kazakhstan has launched an online petition against a sharp increase in excise taxes on heated tobacco. It comes in response to the recent adoption at its second reading in the Mazhilis, the lower house of parliament, of a bill to increase the tax rate to KZT 12,925 ($29) per kg from 1st January 2023, with a further gradual increase over the next ten years. The bill is now to be sent to the Senate for further procedure.
US - Michigan: House Bill 6108 has been referred to a second reading. The bill would amend state law to raise the legal age to purchase a tobacco, vapour or alternative nicotine product from 18 to 21, in accordance with federal law.
15th June 2022 - Europe, Netherlands |
Netherlands: Market data notification on sales volumes of products in the previous year is required in the Netherlands by 15th June each year.
15th June 2022 - Europe, United Kingdom |
UK: MP Andrew Gwynne asked health secretary Sajid Javid yesterday whether tobacco lobbyists would have any influence on the government’s overdue tobacco control plan, prevention strategy or planned response to the Khan review? Javid said the government was committed to a smoke-free 2030, which was why he commissioned the independent review. “I welcome its findings and we are carefully considering them,” he said.
15th June 2022 - Africa, South Africa |
South Africa: The Supreme Court of Appeal has ruled that the regulations banning the sale of tobacco products during the Covid-19 lockdown were invalid and unconstitutional. This comes after the minister of co-operative governance and traditional affairs imposed a series of regulations to contain Covid-19, including a ban on the sale of heated tobacco and e-cigarettes.
14th June 2022 - North America, United States |
US - federal: The Biden administration is intending to pursue a policy of reducing nicotine in cigarettes to “minimally or nonaddictive levels”, according to the Wall Street Journal. The policy could be announced as early as next week, though it would not take effect for several years due to the rule-making process.
Sweden: A report will be published on Thursday, 16th June, after the Social Affairs Committee met today to discuss a bill on Stricter rules for new nicotine products. The bill would regulate nicotine pouch ingredients, packaging, labelling, advertising, marketing and sales, and strengthen restrictions on the advertising and marketing of tobacco products. Parliament will vote on the bill on 21st June.
14th June 2022 - Canada, North America |
Canada: Health Canada has proposed new packaging restrictions for tobacco products, including rotating health-related messages and bigger health warnings for heated tobacco covering 75% of the packaging. The consultation was opened on 11th June and will last for 75 days. Stakeholders can send comments to pregs@hc-sc.gc.ca until 25th August.
Finland: The student and youth sections of the Coalition Party put a motion to the opposition party’s congress at the weekend calling for the legalisation of snus and chewing tobacco, media reports. However, the party’s programme manager, Antti Vesala, said legalising snus was practically impossible since it would conflict with EU law.
Italy: The Customs and Monopolies Agency (ADM) has updated the retail prices and excise duties on heated tobacco consumables.
14th June 2022 - Asia, Philippines |
Philippines: The Supreme Court has upheld a ruling recognising the regulatory authority of the Department of Health (DOH) and the Food and Drug Administration (FDA) over tobacco products. The Philippine Tobacco Institute had argued that tobacco regulation should be in the hands of the Inter-Agency Committee on Tobacco (IAC-Tobacco). The FDA and DOH are the current regulatory authorities for heated tobacco and e-cigarettes.
13th June 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) is holding public listening sessions today (13th June) and Wednesday (15th June) on its proposed menthol cigarette and flavoured cigars ban. The sessions will allow individuals, communities and organisations to share their views, based on which the agency will decide if any changes should be made to the proposed rules.
13th June 2022 - Europe, United Kingdom |
UK: E-cigarette retailer VPZ has initiated a petition calling on the British government to impose an outright ban on the sale of cigarettes and smoking, and to develop a strategy to help more people switch to vaping. An identical petition has also been submitted in Scotland.
France: The results of yesterday’s first round of voting in the National Assembly elections suggest the second round on 19th June will be a close contest between the left-wing alliance led by Jean-Luc Mélenchon and president Emmanuel Macron’s Ensemble! coalition, which risks losing its present majority. During his unsuccessful presidential campaign, Mélenchon proposed getting tougher on tobacco smuggling and aiming for a “zero tobacco” youth. Neither candidate’s manifesto mentioned new nicotine products.
13th June 2022 - Asia, Uzbekistan |
Uzbekistan: The Senate has rejected a bill to restrict distribution and use of alcohol and tobacco products, saying it needs to be clarified and improved, press reports. The bill, which covers all tobacco and nicotine products, including vaping and heat-not-burn (HnB) products, will be presented again at the next full session of the Senate after the lower house, the Legislative Chamber, considers the shortcomings pinpointed by senators.
US - Michigan: House Bill (HB) 6108 has been scheduled for a hearing on 14th June, in the House Judiciary Committee. The bill would amend state law to raise the legal age to purchase a tobacco product, a vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.
Russia: The bill on regulating the production and circulation of tobacco products has been submitted to the Russian government, media reports. Reportedly, the document would provide for licensing activities in the production and import of tobacco and nicotine-containing products, among other things. However, no further details have been circulated.
10th June 2022 - Brazil, South America |
Brazil: Today (10th June) is the deadline for sending technical and scientific information about e-cigarettes and heated tobacco to the National Public Health Surveillance Agency (ANVISA). The agency is currently analysing the impact of regulation and published a report in April suggesting that the current prohibition should be maintained.
China (Macau): Today, the Legislative Council of Macau supported the government amendment to the New Tobacco Control Law, which prohibits the manufacture, sales, import and export of oral tobacco.
UK: Today, the Independent review into smoke-free 2030 policies led by Javed Khan was published. The document lays out proposals for England to achieve a smoking rate of 5% by 2030. The report calls for facilitating access to nicotine pouches, but it also states that no new tobacco products, like snus, should be allowed on the market: "This will stagnate the market, with no newly available or attractive products. It will also help avoid the industry circumventing any new tax duties or measures by introducing new products to the market that are cheaper." Lastly, Khan recommends that the government should support independent research into heated tobacco and ensure the regulatory framework is appropriate for these products. More details can be found in our latest news briefing.
9th June 2022 - Europe |
EU: The Directorate-General for Health and Food Safety of the European Commission (DG SANTE)'s group of experts in tobacco policy published a new draft – introduced at the 16th May 2022 meeting and published today – of the Delegated Directive to amend the Directive 2014/40/EU (TPD) relating to the heated tobacco products flavour ban and changes to labelling and health warnings. This draft slightly differs from the previous one shared at the 9th February 2022 meeting with respect to the definition of heated tobacco products, following some concerns raised by the member states. We are liaising with the European Commission to gather more information on this issue. However, it is important to note the draft is neither endorsed nor adopted by the European Commission. It represents the preliminary view of the group of experts on tobacco policy.
9th June 2022 - Asia, Philippines |
Philippines: Following the call from medical groups for president Rodrigo Duterte to veto the Vaporized Nicotine Products Regulation bill, health secretary Francisco Duque III said that the end goal is that the bill will not be enacted into law. “We will just have to wait what happens next, but I doubt that the President will even sign that bill,” he said in a forum held yesterday (8th June). The bill was approved by the Senate and House of Representatives in January but has not yet been sent to the president's office.
9th June 2022 - Asia, Kazakhstan |
Kazakhstan: The Mazhilis (lower chamber) of the Parliament adopted a bill in the second reading to introduce changes to the Tax Code, media reports. The bill aims to increase the tax rate for heated tobacco to KZT12,925 ($29) per kg as of 1st January 2023 with a gradual increase over the next ten years. The bill is now to be sent to the Senate for further procedure.
8th June 2022 - Mexico, North America |
Mexico: Yesterday, 7th June, the government published in the bulletin of the state the decree prohibiting the sale of heated tobacco products nationwide, which entered into force today. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. TobaccoIntelligence believes that there is a high chance that this new decree will also be brought in front of the Supreme Court.
8th June 2022 - Asia, Philippines |
Philippines: Several medical groups renewed their call for president Rodrigo Duterte to veto the Vaporized Nicotine Products Regulation Bill, press reports. The bill was approved by the Senate and the House of Representatives in January and, as of 8th June 2022, has not yet reached the president’s office, according to the information provided to TobaccoIntelligence by a spokesperson for the president. Duterte’s term ends on 30th June.
Italy: The Ministry of Health issued a decree that introduces fees for the notification of heated tobacco sticks which amount to €327.85 for every new notification and to €108.23 for every substantial modification. Additionally, importers and manufacturers will have to pay an annual fee of €293.53 for the market data notification. The decree also imposes a retroactive collection of fees for all notified products from 20th November 2016; importers and manufacturers must pay those by the end of July 2022. We could expect to see appeals of the decree to the Administrative Tribunal of Lazio (TAR Lazio). It is not clear what other notification fees listed in the annex of the decree are applicable to heated tobacco sticks, and so we have contacted the Ministry of Health and the Customs and Monopolies Agency (ADM) to obtain more information.
Bulgaria: The Ministry of Finance presented to the National Assembly a bill to amend the Budget Law 2022, which aims to increase the excise tax on heated tobacco products over the coming years. Heated tobacco products would be taxed at BGN245 (€125.18) per kg starting 1st July 2022, BGN257 (€131.31) in 2023, BGN270 (€137.95) in 2024 and BGN283 (€144.60) in 2025.
US - Texas: Rule 34 TAC (Texas Administrative Code) 1.21 has been recently published and will be effective as of 8th June 2022. This rule establishes that a permit holder receiving a written notice of a violation of §161.0901 of the Health and Safety Code (establishes penalties related to youth access laws) may file a written request for a hearing on or before the 20th day after the date on the written notice of violation.
Hungary: Government Decree 197/2022 was published in the Official Gazette on 4th June. The Decree establishes new excise duties for heated tobacco products, oral tobacco products that are not banned – such as chewing tobacco – and nicotine pouches. Starting 1st July 2022, the applicable excise duty for heated tobacco will be HUF35 (€0.090) per stick. From 1st July 2022 until 31st December 2022, the applicable excise duty for oral tobacco products and nicotine pouches will be HUF24,780 (€63) per kg and, from 1st January 2023, nicotine pouches and oral tobacco products will be subject to an excise duty of HUF25,960 (€66) per kg.
Italy: The Customs and Monopolies Agency (ADM) enacted a circular stating that VAT does not have to be paid by manufacturers and importers upon purchasing excise stamps from the ADM.
3rd June 2022 - Europe |
EU: Yesterday was the last day of the public consultation to submit evidence "on the review of EU rules restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive)", which is one of the means to achieve the objectives of the European Green Deal. However, the European Commission has decided to extend it until 16th June.
US - California: The Los Angeles City Council voted an overwhelming 12 to 0 to pass an ordinance to prohibit the sale of flavoured tobacco in the city, including all flavours except tobacco – with an exception for shisha tobacco at hookah lounges. The ordinance moves to the mayor’s desk for consideration to be signed into law and would become effective on 1st January 2023. The interim president, Mitch O'Farrell, made a heart-felt speech about tobacco policies after the voting, stating that everyone listening surely had someone who had been affected by tobacco or nicotine. He emphasised that the bill doesn't ban the possession or use of flavoured tobacco for people over 21, as their aim is to protect the youth from such policies.
Romania: The government is planning to increase the excise duty on heated tobacco by 35.6%, press reports. From July 2022, the excise duty will increase from RON438.80 (€88.77) to RON594.97 (€120.37) per kg of heated tobacco.
Indonesia: The director of prevention and control of non-communicable diseases within the Ministry of Health called yesterday for cross-party involvement in the ratification of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), press reports. She further stated that the Ministry of Health "will continue to make various approaches [to reduce the prevalence of young smokers] through advertising restrictions, limiting sales to minors and encouraging an increase in excise taxes".
3rd June 2022 - Asia, Kazakhstan |
Kazakhstan: Members of the parliament have demanded a revision of excise taxes on tobacco products, media reports. According to the deputies, a differentiated approach to taxation leads to a shortfall in the budget. They also noted that the rates should be the same for both cigarettes and heated tobacco products. However, no concrete legislative proposals have been made.
Sweden: The Ministry of Finance has presented to the parliament Bill 2021/22:245, which aims to increase the excise duties on tobacco products and nicotine pouches over the coming years. The proposal aims to increase the excise taxes on tobacco products by 3% in 2023; however, the exact rates are not mentioned in the bill. Additionally, snus would be taxed at SEK508 (€49) per kg in 2024, nicotine pouches would be taxed at SEK202 (€19) per kg in 2024, and chewing tobacco at SEK560 (€53) per kg in 2024. The Swedish Tax Agency told TobaccoIntelligence that depending on the authorities’ interpretation, there are two possible rates that can be applicable to heated tobacco consumables, namely those of cigarettes or other tobacco products. Cigarettes would be taxed at SEK1.78 (€0.17) per stick in 2024, while other tobacco products at SEK2,166 (€206) per kg in 2024.
Israel: The Knesset (parliament) has given the final approval to the Bill on Restriction on Advertising and Marketing of Tobacco and Smoking Products. This new regulation will progressively restrict the only permitted forms of advertising heated tobacco: written advertisements. In the first stage, over the next three years, print media adverts will have to carry a bigger health warning, doubling the size of the ad itself. Once this three-year period comes to an end, the maximum advert size will be reduced by 25% each year over the following four years. Once the four-year period is over (which would be seven years from now), printed advertisements for those products will be completely banned.
Portugal: Ordinance 154/2022, published today (2nd June), set new rules for smoking rooms. Only restaurants, bars, nightclubs and other establishments that occupy at least 100 sq m and have a ceiling height of at least 3 m will be allowed to have smoking areas. The spaces must not exceed 20% of the area dedicated to customers. The requirements include the use of vaping and heated tobacco. The ordinance comes into force on 1st January 2023.
2nd June 2022 - Europe |
EU: Today, 2nd June, is the last day of the public consultation to submit evidence “on the review of EU rules restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive)” in order to achieve the objectives of the European Green Deal.
2nd June 2022 - Europe, Netherlands |
Netherlands: The Dutch cabinet of ministers is considering the possibility of increasing the price of cigarettes to €47 per pack by 2040 with the aim to significantly reduce the number of smokers in the Netherlands, media reports. We believe this policy proposal can potentially influence the pricing of other tobacco products.
US - Tennessee: Senate Bill (SB) 2219 was signed into law by the governor yesterday, 1st June. This bill would authorise local governments to regulate smoking and vaping, including the prohibition of smoking and the use of vapour products in age-restricted venues.
2nd June 2022 - Asia, United Arab Emirates |
United Arab Emirates: The Ministry of Health confirmed yesterday the application of the Law 15/2009 on Tobacco Control and its executive regulations on heated tobacco products, as previously noted in our latest regulatory report. The ministry further stressed the prohibition to consume these products in offices and closed public spaces, and said that it is working, in cooperation with the Telecommunications Regulatory Authority, to crack down on websites that promote and sell these products to under-18s.
Ukraine: As of 11th July 2022, consumption of heated tobacco will be prohibited in those places where smoking is prohibited in Ukraine, according to the Law on amendments to some laws of Ukraine on the protection of public health from the harmful effects of tobacco, adopted in December 2021.
France: Public Health France has launched a platform called “Employers for Health”, which provides employers with data and tools for smoking prevention and health promotion in the workplace. The platform will allow employers to implement a smoking-prevention policy and improve employees’ health and well-being.
Spain: The National Committee for the Prevention of Smoking (CNPT) has urged the government to implement the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025 and the consequent amendment of the Tobacco Law, press reports. The committee wants the list of smoke-free areas to be extended, and proposes to gradually increase the price cigarettes to €20 per pack. The president of the committee said that their objective is to achieve a tobacco- and nicotine-free generation by 2040.
1st June 2022 - Mexico, North America |
Mexico: The president of Mexico, Andrés Manuel López Obrador, has signed a decree prohibiting the sale of heated tobacco products nationwide. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. In the view of TobaccoIntelligence, there is a high chance that this new decree will also be brought in front of the Supreme Court.
1st June 2022 - Chile, South America |
Chile: The first session of the recently convened Tobacco Control Advisory Council, an advisory body made up of scientists, doctors and civil society groups, and established by the Ministry of Health, was held yesterday, 31st May, in the context of World No Tobacco Day. The Council’s objective is to advise the authorities, provide evidence for the development of public policies, and propose legislative changes to tobacco control measures.
US - Wyoming: In communications with the Wyoming Department of Revenue, TobaccoIntelligence has been made aware that nicotine pouches do not currently fit the definition of “nicotine product” within the state and are considered tangible personal property; thus, no specific excise tax applies to nicotine pouches. However, the department added a reminder that sales of nicotine pouches as well as nicotine products to retail customers are subject to sales tax in the state. E-cigarettes and vapour material are included within the definition of nicotine products in Wyoming.
