LATEST ALERTSGermany: The Federal Council (Bundesrat) sent a bill to the national parliament (Bundestag) to ban smoking in closed vehicles in the presence of children and pregnant women. Violation would incur a fine of between €500 and €3,000. Although heated tobacco is not specifically addressed in the bill, it is our understanding that the smoking ban also applies, provided it is qualified as a smoking tobacco product. The Bundestag will decide whether to accept the proposal. There is no deadline for the decision.
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11th March 2022 - North America, United States |
US: The 2022 Omnibus Bill passed the Senate last night and includes language that would give authority to the FDA to regulate products containing nicotine from any source, including products containing nicotine not derived from tobacco (synthetic nicotine). The bill is now on its way to president Biden’s desk to be signed. Dianne Feinstein, Democratic senator from California, issued a statement applauding the passage of the bill by the Senate. Among the provisions passed, Feinstein highlights that nicotine products “cannot go unregulated because of a loophole in law, and this provision will fix that”.
11th March 2022 - Europe, United Kingdom |
UK: Speaking of snus, the parliamentary undersecretary for health, Maggie Throup, reiterated that the health department has no plans to introduce additional tobacco products to the market. Snus is prohibited in the UK .
11th March 2022 - North America, United States |
US: In March 2022, the US Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) published a study on youth use of tobacco products in the Morbidity and Mortality Weekly Report. The study was based on data from the 2021 National Youth Tobacco Survey obtained by interviewing middle school and high school students. The results showed that the most commonly used tobacco products were e-cigarettes, followed by cigarettes, cigars, smokeless tobacco, hookahs, and nicotine pouches. This year’s study cannot be fully compared with the previous one due to methodological changes in the conduct of the survey. The study demonstrates that there is still an ongoing concern of widespread usage of e-cigarettes among students, the number of which is more than 2 million higher than in 2020.
Finland: On 9th March, the parliament approved the content of the amendment to the Tobacco Act in accordance with a report by the Committee on Social Affairs and Health. The first reading of the bill has ended. The amendment aims, among other things, to introduce standard packaging for tobacco products and seeks to extend smoke-free environments. Also, the flavour ban would be extended to all tobacco products. If adopted, it envisages different dates for its entering into force.
Armenia: At a special 9th March sitting, the National Assembly adopted the law “on reduction and prevention of health damage as a result of the use of tobacco products and their substitutes”. The aim of the amendment was to include minor corrections to the definition of “tobacco substitute”. However, the adopted version is not yet publicly available.
Estonia: The Tax and Customs Board informed TobaccoIntelligence that it collected €1.12m in heated tobacco taxes and €5.7m in nicotine pouches taxes in 2021.
10th March 2022 - North America, United States |
US: The 2022 Omnibus Bill passed the House last night. It includes language that would give authority to the FDA to regulate products containing nicotine from any source, also including products containing nicotine not derived from tobacco (synthetic nicotine). In a last-minute discussion, the Covid-19 relief measures were stripped out from the bill in order to pass the budget bill, and a standalone Covid-19 relief bill was introduced separately instead. The Senate is expected to act on the bill by Friday 11th March at midnight, which is when government funds would expire. In order to prevent a government shutdown, the House further voted on a stopgap bill that provided funding to government agencies through 15th March.
Iceland: The bill amending Law 87/2018 on electronic cigarettes and refills that we previously reported on was introduced yesterday to the Althingi. In addition to making nicotine pouches subject to the same provisions as e-cigarettes, the new draft resulting from the bill’s public consultation includes a mandatory permit to sell nicotine pouches, issued by the Housing and Civil Engineering Institute. The bill may still undergo some amendments during the committee stage, which will take place after the first reading.
Latvia: The State Revenue Service has informed TobaccoIntelligence that the excise duty revenue for 2021 for heated tobacco amounts to €10m. The revenue for nicotine pouches came in at €600,000.
9th March 2022 - North America, United States |
US: A rider has been added to the 2022 Omnibus Bill which includes language that would give authority to the FDA to regulate products containing nicotine from any source, also including products containing nicotine not derived from tobacco (synthetic nicotine). The Omnibus Bill is a must-pass bill including many different types of measures, which does not allow for much opportunity for discussion on every single piece of legislation added. The House is expected to vote today on the bill, as it includes a measure regarding the current international situation, meaning it may be passed due to its urgency.
Hungary: The Ministry of Finance told TobaccoIntelligence that the excise duties applicable to smokeless tobacco products, currently at HUF19,160 (€50) per kg, generated an estimated revenue of HUF3.6bn (€9.5m) in 2021.
9th March 2022 - Paraguay, South America |
Paraguay: The National Health Surveillance Authority (DINAVISA) confirmed to TobaccoIntelligence that nicotine pouches are regulated by Decision 153/2021 on requirements to register e-cigarettes and other nicotine delivery systems and that they must not be encompassed within the definition of “tobacco products” of Law 5.538/2015. As a result, tobacco-free pouches are subject to the same notification requirements and labelling restrictions as electronic cigarettes.
Finland: The amendment to the Tobacco Act was introduced in the first reading in the parliament yesterday. At this stage, the content of the bill will be decided. The initial proposal aims to introduce plain packaging for tobacco products, among other things. Also, the flavour ban would be extended to all tobacco products, not only to cigarettes and roll-your-own tobacco. In addition, it seeks to define heated tobacco products and extend smoke-free environments. Previously it was planned that this amendment would come into force as of January 2022; however, now it is not yet clear when it will go into effecct if adopted.
7th March 2022 - Europe, United Kingdom |
UK: The Official All Party Parliamentary Group (APPG) for vaping reiterated that snus should no longer be illegal in the UK. “It should be folded into the existing regulatory system and be subject to the same treatment as vapes,” it was stated. This is contrary to recent statements by Maggie Throup, undersecretary for health, who said that the forthcoming tobacco control plan will not include proposals to introduce additional tobacco products into the market, such as oral tobacco.
Vietnam: Answering the request of the Ministry of Finance to evaluate the current tax policies, the Vietnam Federation of Trade and Industry suggested adding new-generation tobacco products to the Value-Added Tax bill. Heated tobacco is currently not allowed in the country.
Rhode Island: Several new bills have been introduced. Among them, House Bill 7805 would prohibit the sale of tobacco products in pharmacies and would provide for a civil penalty of $2,000 for each violation.
US - California: At its latest meeting, the Monterey County Board of Supervisors approved the first reading of an ordinance to ban sales of single-use e-cigarettes and flavoured tobacco products of any flavour other than tobacco. The ban would include all products containing tobacco leaves and any product containing nicotine. The second vote is set for 15th March.
US - Indiana: Senate Bill 382 has passed the House and been returned to the Senate after amendments. This bill defines “alternative nicotine products” as “a non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any means”. It would impose a tax on the distribution of alternative nicotine products in Indiana based on a rate of $0.40 per ounce of the product weight as listed by the manufacturer.
US - Arizona: House Bill 2125 has failed the House third reading. This bill would have required tobacco vendors to have a valid tobacco retail sales licence in order to distribute tobacco products. E-cigarettes would be included in the definition of “tobacco products” for purposes of this bill.
Malaysia: The minister of health said yesterday that the bill banning the sales of tobacco products to anyone born after 2005, which we previously reported on, still has to undergo several additional engagement sessions with NGOs and industry players before being tabled in the parliament. The minister expressed his intention to present the bill to parliament during its first sitting, which runs until 24th March, but also acknowledged the possibility of tabling the bill in the next sitting, which will take place between June and July of this year.
Slovenia: The government has published today a draft Strategy for Reducing the Consequences of Tobacco Use - For Slovenia without Tobacco 2022-2030, which is currently being discussed across ministries and agencies. The policy paper calls for the urgent regulation of nicotine pouches, raising the minimum age for the purchase of heated tobacco products to 21, extending plain packaging to heated tobacco products, implementing a flavouring ban on heated tobacco, and limiting the available points-of-sale of tobacco products, among others.
US - Virginia: Senate Bill 223 has passed the House after minor amendments. This bill prohibits student athletes from earning compensation for the use of their image in connection with tobacco, tobacco products, alternative nicotine products, nicotine vapour products, and similar products and devices.
Croatia: The Ministry of Health has updated the publicly available list of notified tobacco products.
Denmark: Yesterday, the health ministry announced that Nicoventures
1st March 2022 - Europe, United Kingdom |
UK: Asked about a formal assessment of snus, Maggie Throup, parliamentary undersecretary for health, reiterated that the health department has not undertaken its own formal review of snus. “We have no plans to introduce additional tobacco products to the market,” added Throup, explaining that the product is prohibited in the UK.
Malaysia: The first sitting of the Dewan Rakyat (Malaysian lower parliamentary chamber) in which the bill banning the sales of vaping products to anyone born after 2005 that we previously reported on is expected to be introduced by the Ministry of Health started today and running until 24th March. Although the bill has not been listed in today’s agenda nor has it been mentioned in the King’s Speech opening ceremony, the Ministry has until 24th March to introduce the bill. However, the longer the Ministry delays the tabling of the bill, the less likely it is to pass, as the time needed to debate it and propose any significant amendments will be increasingly reduced.
Missouri: House Bill 2786 has been introduced. This bill would raise the minimum age from 18 to 21 for purchasing and possession of tobacco products, alternative nicotine products, and vapour products.
28th February 2022 - North America, United States |
US: The FDA has sent the proposed rule to prohibit menthol in cigarettes, which has been published in the Unified Agendas of Spring 2021 and Fall 2021, to the Office of Management and Budget for review. Tobacco-Free Kids has issued a statement welcoming this development.
28th February 2022 - Europe, United Kingdom |
UK: Maggie Throup, parliamentary undersecretary for health, said the department is reviewing the regulatory framework for tobacco-free oral nicotine pouches. Throup also reiterated that the Post Implementation Review into the Tobacco and Related Products Regulations 2016 is expected to be published shortly.
28th February 2022 - Asia, Turkmenistan |
Turkmenistan: The president has adopted the 2022-2025 National Program to turn Turkmenistan into a tobacco-free country, media reports. Reportedly, the national program provides the formation of common national standards in the field of tobacco control, the establishment of special control over the implementation of policy in the field of tobacco control, measures to reduce the population's need for tobacco products, and more.
Russia: Traceability marking of heated tobacco consumables will become mandatory as of 1st March 2022, according to the ministerial resolution.
Sweden: From February 2020 to March 2021 the government held an investigation to ensure a coherent and systematic regulation of tobacco, e-cigarettes, and tobacco-free nicotine products. The outcomes of this inquiry were published yesterday, and the government intends to submit a proposal shortly that would set a regulatory framework for nicotine pouches. According to a press release, the bill aims to regulate nicotine pouch ingredients, packaging, labelling, advertising, marketing and sales. Additionally, the proposal sets out to strengthen restrictions on the advertising and marketing of tobacco products.
Iceland: The Ministry of Health confirmed to TobaccoIntelligence that the bill amending Law 87/2018 on electronic cigarettes and refills to include nicotine pouches within the scope of the law will be introduced into the Althingi in March. As we previously reported, the bill was meant to be introduced today, according to the official parliamentary register.
Iceland: The Ministry of Health told TobaccoIntelligence that the cancellation of plans to introduce a bill amending the Tobacco Control Act 6/2002, which we previously reported on, that would establish a ban on tobacco products with a characterising flavour was due to the tightness of the timeline, and that the Ministry of Health will submit the bill again to the Althingi in autumn 2022.
Italy: The Senate has approved the text for the conversion into law of Decree-Law 228/2021, which sets a legal framework for nicotine pouches. The law creates a new product category for nicotine pouches in the Consolidated Law on Excise Duties, bringing them under the control of the Customs and Monopoly Agency (ADM). Nicotine pouches will have to be notified to the ADM and the Ministry of Health, taxed at €22/kg, and bear a tax stamp from 1st January 2023. The law does not feature any restrictions on pouch ingredients, packaging or advertising. Our briefing will provide a more detailed outlook of the changes.
Idaho: Senate Bill 1284 has been introduced. It would raise the age of legal possession and use of tobacco products and "electronic smoking devices" from 18 to 21.
Italy: The Chamber of Deputies has approved the text for the conversion into law of Decree-Law 228/2021. If the bill is also approved by the Senate, nicotine pouches, which are currently unregulated, will have to be notified to the Customs and Monopolies Agency (ADM) and the Ministry of Health, taxed at €22 per kg and bear a tax stamp from 1st January 2023. The proposals do not feature any restrictions on pouches’ ingredients, packaging or advertising. A proposal to lower the excise duties on heated tobacco consumables were rejected by the chamber’s Budget Committee.
22nd February 2022 - Turkmenistan |
Turkmenistan: The Ministry of Health has prepared a draft national programme for 2022-2025 aiming to make Turkmenistan tobacco-free country, state media reports. The programme will reportedly provide national standards and policy for tobacco control, the establishment of special control and measures to reduce public demand for tobacco products.
21st February 2022 - United Kingdom |
UK: The British Standards Institution (BSI) has published a publically available specification (PAS) on the composition, manufacture and testing of tobacco-free oral nicotine pouches (PAS 8877:2022). The document, development of which was sponsored by British American Tobacco (BAT), is available for purchase.
West Virginia: Senate Bill 635 has been introduced, which would amend the Tobacco Products Excise Tax Act. It would change the definition of “electronic smoking devices” to include synthetic nicotine. It would further modify the definition of “other tobacco products” to include nicotine-containing products (including synthetic nicotine products), and "electronic smoking devices". The bill would raise the tax on tobacco products other than cigarettes from 12% to 51% of the wholesale price, effective from 1st July 2022. The current tax on e-cigarette liquid would be repealed and thus substituted by this one.
Italy: The Budget Committee of the Chamber of Deputies, as part of the approval of two amendments for the conversion into law of Decree-Law 228/2021 presented by The League and Democratic Party, proposed the introduction of a new product category for nicotine pouches in the Consolidated Law on Excise Duties, bringing them under the control of the Customs and Monopoly Agency (ADM). Should the amendments be approved by the Chamber of Deputies and subsequently by the Senate, nicotine pouches, currently unregulated, will have to be notified to ADM and the Ministry of Health, taxed at €22 per kg, and bear a tax stamp starting 1st January 2023. The proposals do not envisage any restrictions with regard to ingredients, packaging, and advertising.
21st February 2022 - Bosnia and Herzegovina, Europe |
Bosnia and Herzegovina: The Bill on the Control of Tobacco and Other Products for Smoking was not adopted on 17th February. The upper chamber of the parliament will move the discussion to another date. The bill regulates heated tobacco as a novel tobacco product and bans tobacco for oral use, except chewing tobacco. Nicotine pouches are not addressed.
US (Maryland): House Bill 1227 has been introduced. It would specify that a “tobacco product” includes certain products that are made of, derived from, or contain nicotine from any source, including synthetic nicotine.
17th February 2022 - North America, United States |
US: The US District Court for the Eastern District of Texas last week issued an order in the case of RJ Reynolds Tobacco Co et al v United States Food and Drug Administration et al to postpone the effective date of the “Required Warnings for Cigarette Packages and Advertisements” final rule. The new effective date is 9th April 2023.
17th February 2022 - Europe |
EU: The European Parliament voted yesterday, 16th February, by 652 votes to 15, with 27 abstentions, in favour of adopting the Special Committee on Beating Cancer (BECA) report on Strengthening Europe in the fight against cancer. The report is of crucial importance, as it makes recommendations related to traditional and novel tobacco and related products that are likely to be considered by the European Commission in the upcoming revision of the Tobacco Excise Directive and the Tobacco Products Directive (TPD). Last-minute attempts by Socialist and Democrat MEPs to introduce amendments that would have made harsher the recommendations on novel tobacco and related products were rejected in favour of a final text that resembles what was agreed by the BECA in December.
Ukraine: Bill 5719, adopted yesterday, provides for a change in the mechanism of crediting and distribution of retail tax between local budgets as of 1st April 2022. This relates to an amendment to the Tax Code, adopted at the end of 2021, requiring producers or importers to declare maximum retail prices for tobacco products to the tax authority. The amendment also switched responsibility for paying retail tobacco tax from retailers to manufacturers and/or importers. The tax rate is 5% of the tax base, which is the value of the maximum retail price, including VAT and excise tax.
Thailand: The government has approved a draft National Tobacco Control Plan for 2022-2027. Despite recent advocacy efforts towards legalising e-cigarettes and novel tobacco products, no such move is foreseen in the the plan. In January the Digital Economy and Society Ministry reportedly established a working group tasked with exploring possible legalisation of e-cigarettes.
16th February 2022 - Mongolia |
Mongolia: The parliamentary Standing Committee on Social Policy has held a discussion on tobacco use and the legal environment. Committee chair M Oyunchimeg said that drafting of amendments to the Law on Tobacco Control, which will align national regulation with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is under way and should be finalised by June. “It is necessary to discuss the issue of legalising e-cigarettes, banning domestic smoking, and improving the regulation of licences for production, export and import,” Oyunchimeg said. She announced that the Excise Tax Law would also be amended to prevent reduce risk factors. Health minister Ts Erdembileg said tobacco use had been declining in recent years and that the smoking prevalence among the adult population was currently 24.2%.
