LATEST ALERTSSpain: The association Nofumadores.org (non-smokers.org) has asked the government to prohibit the sale of tobacco and electronic cigarettes to anyone born after 2007 so that once they turn 18 they cannot buy those products and become addicted, press reports. More than 20 associations support this measure. Nofumadores.org has also accused the Ministry of Health of not being harsh enough with the tobacco industry.
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Sweden: The public consultation on a proposal from the Ministry of Finance to increase the excise duties on tobacco products and nicotine pouches for the next two years ends today, 18th March. Snus would be taxed at SEK491 (€47) per kg in 2023 and SEK507 (€49) in 2024, nicotine pouches would be taxed at SEK202 (€19) per kg in 2024, and chewing tobacco at SEK541 (€52) per kg in 2023 and SEK553 (€53) in 2024. The Swedish Tax Agency told TobaccoIntelligence that depending on the authorities’ interpretation, there are two possible rates that could be applicable to heated tobacco consumables, namely the rates of cigarettes or other tobacco products. Cigarettes would be taxed at SEK1.72 (€0.16) per stick in 2023 and SEK1.79 (€0.17) in 2024, while other tobacco products at SEK2,093 (€201) per kg in 2023 and SEK2,160 (€207) in 2024.
18th March 2022 - Central America, Costa Rica |
Costa Rica: The Ministry of Health and the Costa Rican Social Security Fund asked the National Assembly to approve the bill that imposes neutral packaging for tobacco products, including heated tobacco, press reports. The bill also eliminates advertising and increases the size of health warnings from 50% to 80% of the package area. The bill has been under discussion in the Social Committee since September 2021.
Malaysia: Contrary to what was expected, the minister of health tweeted today, 17th March: “God willing, the Bill [banning the sales of tobacco products to anyone born after 2005] will be tabled in July and get bipartisan support.” The minister himself previously announced that the bill would be introduced in the first session of the Dewan Rakyat (lower parliamentary chamber), which runs from 28th February to 24th March.
16th March 2022 - Europe, Switzerland |
Switzerland: Answering a Federal Council consultation on possible e-cigarette taxation, the Swiss Tobacco Prevention Working Group has demanded that the tax should apply not only to e-cigarettes, but to all tobacco and nicotine products, based on nicotine content. They say products that are already taxed, such as heated and oral tobacco, should face an increase. The consultation is open until 31st March.
Denmark: Health minister Magnus Heunicke announced yesterday, 15th March, that the government plans to ban access to tobacco and nicotine products to anyone born in or after 2010. This is part of the new government’s health reform plan to “Make Denmark Healthier”, which aims to tackle health inequalities.
16th March 2022 - Central America, Costa Rica |
15th March 2022 - Europe, United Kingdom |
UK: Conservative MP David Jones has asked the health secretary whether there are any plans to regulate the sale of nicotine pouches and what policy implications are tied to the British Standards Institution (BSI) specification on the composition, manufacturing and testing of tobacco-free oral nicotine pouches. The department could not provide answers at this time.
Austria: Today, 15th March, is the deadline for the annual reporting of tobacco products’ ingredients and emissions by brand name and product type. The information must be provided to the Austrian Agency for Health and Food Safety (AGES) through the EU Common Entry Gate.
15th March 2022 - Europe |
EU: The EU Parliament has approved, by 584 votes to 67, a proposal to overhaul European rules on batteries, which will now have to be negotiated with member states’ national governments. Rapporteur Simona Bonafé, of the Socialists and Democrats group, said: “The Battery Regulation lays down a holistic set of rules to govern an entire product life cycle, from the design phase to end-of-life,” with the aim of introducing “new sustainability standards that should become a benchmark for the entire global battery market”. It includes an obligation to design batteries that are easily replaceable and recyclable.
14th March 2022 - North America, United States |
US - Federal: Last Friday, 11th March, the US Food and Drug Administration (FDA) issued a modified risk granted order authorising Philip Morris Products S.A. (PMPSA) to market the Iqos 3 System Holder and Charger with the following reduced-exposure information: (1) The Iqos system heats tobacco but does not burn it; (2) This significantly reduces the production of harmful and potentially harmful chemicals; (3) Scientific studies have shown that switching completely from conventional cigarettes to the Iqos system significantly reduces your body’s exposure to harmful or potentially harmful chemicals. These claims do not differ from the ones included in the reduced exposure information of the “IQOS Tobacco Heating System”. Note that, as the FDA reminds, “IQOS and Heatsticks are currently subject to a limited exclusion order and cease-and-desist order issued by the U.S. International Trade Commission which restricts the sales, distribution and marketing of the products in the United States”.
Germany: 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.
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.
