LATEST ALERTSEU: A public consultation on the EU Tobacco Products Directive (TPD) and Tobacco Advertising Directive (TAD) opened today and will run until 16th May. The second of three consultation stages, it comes after the call for evidence and will be followed by a targeted stakeholder consultation. Once the full consultation process is complete, the European Commission will produce its draft proposal for revision of the two directives.
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21st February 2023 - Italy |
Italy: The Customs and Monopolies Agency (ADM) has updated the list of retail prices and excise duties for heated tobacco consumables – two new flavours of which have been notified.
21st February 2023 - Europe |
EU: In answer to a parliamentary question on whether the European Commission considers the different regulations on nicotine pouches put forward by member states to be a problem for the European single market, health commissioner Stella Kyriakides said pouches “may be subject to national measures, provided that those measures comply with EU law, including the Treaty provisions on the free movement of goods”. She added that nicotine pouches “will be further assessed in the ongoing evaluation of the EU legislative framework for tobacco control”. Potential clashes between EU law and any national ban on nicotine pouches are examined in a special TobaccoIntelligence regulatory report.
Russia: The Ministry of Finance is planning to create a federal law enforcement agency that would be responsible for the tobacco and nicotine product markets, media reports. According to the ministry, the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) will be given the authority to regulate tobacco and nicotine products. The agency will also be tasked with ensuring compliance with the labelling and packaging rules for tobacco products. The proposed legislative initiative will be submitted to the State Duma (lower chamber of parliament) for consideration by late February or early March.
Pakistan: In response to the recent cigarette tax increase, the Sustainable Development Policy Institute (SDPI) – an independent non-profit organisation – has said that the government should impose high taxes on heated tobacco and e-cigarettes, reiterating that increasing the taxes will result in reduced consumption and will help to fight the black market, press reports. Last Tuesday, 14th February, the government increased the general sales tax of standard cigarettes to 18% and the excise duty on cigarettes from PKR6.5 ($0.025) to PKR16.5 ($0.063) per cigarette – an increase of 153% – according to a local report.
Finland: The president signed the government proposal HE 304/2022 amending the Finnish Tobacco Act. The amendment adds the definition of heated tobacco and introduces the flavour ban for heated tobacco products as of 23rd October 2023, in line with the Commission Delegated Directive (EU) 2022/2100. The amendment will enter into force on 23rd October 2023.
US - New Mexico: House Bill 124 will be heard by the House Taxation & Revenue Committee next Monday, 20th February. This bill would change the definition of tobacco product to include all nicotine-containing products, whether it's tobacco-derived nicotine or synthetic nicotine. It would further eliminate the e-liquid tax and include all products within a single tobacco products tax, raising the tax from 25% to 31% of the wholesale price.
US - Texas: Senate Bill 920 has been introduced, which would ban the sale of cigarettes, e-cigarettes, and other tobacco products with any flavour other than that of tobacco.
16th February 2023 - Europe |
EU: The European Commission today answered a parliamentary question submitted by Swedish MEP Sara Skyttedal on the inclusion of new nicotine products, such as nicotine pouches, in the revision of the Tobacco Excise Directive (TED). Economy commissioner Paolo Gentiloni said the revision of the TED was “currently being finalised”, and that “it aims to ensure the proper functioning of the internal market, by adapting the rules to new developments and market trends while closing possible loopholes in the EU excise system”.
16th February 2023 - Europe |
EU: The European Commission today answered a parliamentary question submitted by Swedish MEP Johan Nissinen on the promotion of e-cigarettes and nicotine pouches to curb smoking. Health and food safety commissioner Stella Kyriakides said the Commission was currently evaluating the Tobacco Products Directive (TPD) and that “any scientific, technical and market developments concerning novel and emerging nicotine and tobacco products will be carefully considered, including experience from other jurisdictions”. She added: “The risk assessment of emerging products will be extensively deliberated throughout the process by considering, among others, gateway effects, safety aspects, as well as addiction and attractiveness properties.”
India: The national Ministry of Health has written to all state health ministries asking them to ensure compliance with the statutory ban on heated tobacco products, press reports. The letter expresses concern over the availability of heat-not-burn (HnB) products, e-cigarettes and e-hookahs online and in convenience stores near schools, giving young people easy access to prohibited devices.
Egypt: House of Representatives member Safaa Gaber Eada of the Homeland Defenders Party has written to the prime minister and the president of the Supreme Media Council, calling for a ban on TV dramas and movies showing the use of tobacco, press reports.
Russia: The Ministry of Agriculture has drafted a bill, with the backing of the Ministry of Industry and Trade, to block websites selling tobacco and nicotine products. Online sales of e-cigarettes are prohibited by federal law. The ministry told media the bill would amend Federal Law 149-FZ on information technology.
16th February 2023 - Europe, North Macedonia |
North Macedonia: The government yesterday adopted a system for the monitoring and control of tobacco products from production, through distribution to the retail outlet.
Germany: The federal government has approved a draft third amendment to the Tobacco Products Act, which will transpose into national law the flavour ban for heated tobacco products imposed by EU Directive 2022/2100. The draft will now be submitted to the Bundestag. Kristine Lütke of the government-coalition Free Democratic Party told reporters the amended law should also cover nicotine pouches. “A high level of consumer protection can be guaranteed with a differentiated regulation of the manufacture, presentation and sale of tobacco-free nicotine pouches,” she said.
16th February 2023 - Czech Republic, Europe |
Czech Republic: The Senate yesterday approved an amendment to the Law on the protection of health from the harmful effects of addictive substances, bringing nicotine pouches under the same restrictions on sales and public usage as tobacco and e-cigarettes, media reports. It means pouches can no longer be sold to under-18s, once the amendment has been signed by the president.
Slovenia: The Ministry of Finance has told TobaccoIntelligence that approximately €11.36m was raised in tax revenue on heated tobacco in 2022, up from around €6.28m in 2021 and €4.38m in 2020. The ministry also said it had no current plan to introduce a tax on nicotine pouches.
15th February 2023 - Europe |
EU: Answering a parliamentary question about the track and trace system under the Tobacco Products Directive (TPD), the European Commission said today that in 2021, products other than cigarettes represented 58% of the total quantity of tobacco seized in the Customs Union.
15th February 2023 - Europe |
EU: French MEP Anne-Sophie Pelletier last week submitted a parliamentary question asking the European Commission whether it plans to put forward the revision of the Tobacco Excise Directive (TED) before the end of its current term on 31st October 2024, saying: “There are fears that these successive postponements are due to interference by the tobacco industry.”
15th February 2023 - Czech Republic, Europe |
Czech Republic: The Ministry of Finance has told TobaccoIntelligence that tax revenues from heated tobacco products were CZK1.2bn (€50.64m) in 2020, CZK1.4bn (€59.1m) in 2021 and CZK2.4bn (€101.3m) in 2022. The ministry said the government was planning to adjust its national policy with the forthcoming revision of the EU Tobacco Excise Directive, which it expects to be presented in the first half of this year.
US - Vermont: A hearing in the Senate Committee on Health and Welfare has been scheduled for 22nd February on Senate Bill 18, which would ban flavoured tobacco products.
Russia: The lower chamber of the parliament, the State Duma, is discussing possible measures to regulate the sale of tobacco products, including the introduction of plain packaging for cigarettes, press reports. Deputy Biysultan Khamzayev of the governing United Russia party said packets of all brands would have to be in plain green, with the brand name only “in the mandatory size and font” and a health warning statement in accordance with the law. There was no mention in the debate of heated tobacco packaging.
France: The National Committee against Smoking (CNCT) has published the results of a study on new nicotine products conducted between 2020 and 2022, which show that 47% of tobacconists illegally promote heated tobacco. The CNCT also recommends that the French government regulate nicotine pouch advertising as soon as possible.
13th February 2023 - Colombia, South America |
Colombia: Discussions around the Vaping Products Bill started last week, press reports. The newly introduced bill aims to restrict access to heated tobacco products by under-age consumers and limit advertising and promotion. It also intends to impose labelling and packaging restrictions, such as health warnings. Asovape, the largest Colombian vaping association, has said that while the age restriction envisaged in the bill is necessary, respect should be shown for adults who decide to use these products as an alternative to cigarettes.
Bahrain: The National Bureau of Revenue has released Decision No. 3/2023, which states that all available-for-sale heated tobacco products must be marked with a digital stamp in accordance with Decision No. 3/2022. The digital stamps will be available to importers and manufacturers online from 14th May; from 17th September, no product will be imported without a valid and activated digital stamp. The possession, trade, supply and sale of heated tobacco products without a digital stamp will be prohibited from 24th December 2023.
Lebanon: The Lebanese Tobacco Authority has published an updated list of the prices of heated tobacco products in accordance with the provisions of Decree No. 151/1959, which establishes a state monopoly on tobacco. The new heated tobacco prices per unit are: LBP76,750 ($5.10) for Nuso, LBP77,000 ($5.11) for Heets, LBP107,750 ($7.16) for Heets Dimensions and LBP59,250 ($3.94) for Fiit.
13th February 2023 - Europe |
EU: As stated in our compliance calendar, after parts of it entered into force last year, most articles of "Council Directive (EU) 2020/262 laying down the general arrangements for excise duty (recast)" enter into force today. The directive deals with cross-border imports of tobacco products for personal use in the EU and establishes common rules. The necessity of this directive is related to the fact that "Council Directive 2008/118/EC (3) has been substantially amended several times. [and] Since further amendments are to be made, that Directive should be recast in the interests of clarity". Specifically, "Articles 1, 4, 5, Articles 7 to 11, Articles 13 to 15, Articles 18, 23, 24, Articles 30 to 32, Articles 47 to 53, Article 56 and Article 58 shall apply from 13th February 2023".
US - Ohio: The Cleveland City Council is considering a city-wide ban on the sale of flavoured tobacco products, including e-cigarettes and menthol tobacco. In December 2022, a bill to ban local governments from outlawing the sale of flavoured tobacco products was approved by both chambers of the Ohio General Assembly; however, governor Mike DeWine vetoed the measure. Cleveland has a population of around 360,000.
Denmark: In reference to the Danish Smoking Habits 2022 Report published by the Danish Health Authority, health minister Sophie Løhde said she is not averse to raising the price of nicotine products and that it is “particularly worrying that we actually see an increase in the number of children and young people who either smoke or use nicotine products such as snus or e-cigarettes,” press reports. Løhde added that she supports the idea of a smoke-free generation, and that “we will press the government to produce a prevention plan that focuses on smoking and where it is crucial to limit new and young smokers”.
13th February 2023 - Europe |
EU: The EU Commission has issued a call for a tender on the Single Framework Contract to Provide Services to Support the Assessment of Characterising Flavours in Tobacco Products. The estimated value of the project is €3m. Applications can be submitted until 11th April 2023. Heated tobacco is the latest tobacco category to have its flavours restricted at the EU level.
13th February 2023 - Europe, United Kingdom |
UK: Nottingham City Council has decided to award £75,000 of funding to commission a behavioural research campaign to help understand vaping and smoking behaviours of young people. The research should increase awareness among adolescents and parents about the health impact of vaping, and help inform social marketing campaigns.
Italy: The Lazio Administrative Tribunal (TAR) has ruled on the legitimacy of the decree introducing retroactive notification fees for tobacco products, after having suspended it in July 2022. The TAR annulled the decree as the Ministry of Health failed to justify the quantification of notification fees since it was not able to explain the costs of the personnel employed in the actual task of registering the notified products.
13th February 2023 - Czech Republic, Europe |
Czech Republic: Last week, the Senate Committee on Health unanimously supported the amendment to the law on the protection of health from the harmful effects of addictive substances in relation to the regulation of nicotine pouches, media reports. If adopted further by the Senate, the same rules that deal with sanctions and restrict sales and public usage for tobacco and e-cigarettes would be applicable to nicotine pouches, including the prohibition of sales to under-age consumers. The Senate will decide on the amendment on Wednesday (15th February).
Sweden: Swedish MEP Johan Nissinen said that he has noticed increased interest and a greater understanding from other MEPs about snus and nicotine pouches; however, political opposition towards these products remains. Nissinen has called on the Swedish government to do more to promote Sweden as a public health role model for combatting smoking and cancer by embracing snus and nicotine pouches.
Estonia: Parliament's Social Committee will meet with industry members on 13th February to discuss the Tobacco Act Amendment Act 654 SE. 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 - Vermont: House Bill H204 has been introduced, which would ban the sale of tobacco products, e-liquids, or tobacco substitutes in any flavour other than tobacco.
Russia: State Duma deputy Sultan Khamzaev has proposed banning tobacco product sales in fuel stations, media reports. Khamzaev addressed the appeal to the head of the Ministry of Health, Mikhail Murashko.
9th February 2023 - Europe, United Kingdom |
UK: Swindon Borough Council has announced that it has joined other local authorities in calling for the government to bring forward a new Tobacco Control Plan for England. A letter coordinated by Action on Smoking and Health (ASH) and signed by councillors urges the health secretary Steve Barclay to adopt a ‘polluter pays’ levy on tobacco companies.
Egypt: Health ministry spokesman Hossam Abdel Ghaffar told a press conference that media companies were breaking the tobacco control law by indirectly advertising tobacco and portraying smoking as normal and culturally acceptable in TV dramas. He said he was also concerned about increasing advertising of e-cigarettes and heated tobacco. Akram Radwan, a member of the Health Committee, suggested banning TV from portraying the use of any tobacco product.
Hungary: The Supervisory Authority for Regulatory Affairs has told TobaccoIntelligence that approximately 2.6bn heated tobacco sticks and 16,009,229 g of nicotine pouches were sold in Hungary in 2022. This information is retrieved from the system to which every national tobacco shop must submit information on daily stock levels and turnover.
8th February 2023 - Azerbaijan, Europe |
Azerbaijan: President Ilham Aliyev has signed an order “On strengthening state control in the field of import and production of tobacco products and alcoholic beverages”, media reports. It instructs the economy ministry to submit proposals within six months for a gradual increase in excise rates on tobacco products.
Serbia: Speaking at a conference on cancer, health minister Danica Grujičić called for public support for a ban on smoking in enclosed public places. “The Ministry of Finance, which claims that the state makes money from cigarettes, must be pressured. The priority must be people’s health,” she said. Though she belongs to the same governing party as the finance minister, Sinisa Mali, Grujičić is the first health minister in several governments to speak about the need for a public smoking ban. She told the press today that a proposal had already been drawn up to ban smoking in hospitality premises, but that it has yet to be adopted by the government before it goes before the National Assembly. It is not yet clear whether or not the proposal – which has yet to be made public – will tackle vaping.
Oman: The Consumer Protection Authority has issued a decree, No. 206/2023, raising the level of fines for using or distributing oral (non-smoked) tobacco products. The minimum fine for a first offence is now OMR100 ($260) and the maximum OMR1,000 OMR ($2,600) – up from OMR400 ($1,040) – to be doubled for a second offence.
US - New York: Governor Kathy Hochul has been criticised by state Democrats over the proposed statewide ban on tobacco and e-cigarette flavours, media reports. Critics say the proposed ban would be impractical to enforce and costly to state taxpayers. One said: “Small businesses in New York are at risk of being squeezed out by the proposed illegal tobacco regulations, which would only stimulate a larger underground market and encourage people to buy unregulated products.”
7th February 2023 - Europe, Luxembourg |
Luxembourg: Opposition MPs Nancy Kemp-Arendt and Martine Hansen yesterday submitted a parliamentary question asking the Ministry of Health for sales and consumption figures for nicotine pouches. They also asked whether nicotine pouches are covered by any specific regulatory framework, since they do not come under the tobacco law, and whether the government plans to regulate pouches in a similar way to tobacco products.
Hungary: The Ministry of Finance has told TobaccoIntelligence that approximately HUF63.8bn (€162.4m) was collected in taxes on heated tobacco products in 2022, while approximately HUF27bn (€69m) was raised in tax on nicotine pouches.
Denmark: The government has notified a draft bill to the European Commission's TRIS database to amend the Tobacco Products Act to include a specific definition for heated tobacco products and to transpose the flavour ban imposed by EU Directive 2022/2100. The standstill period ends on 4th May 2023.
6th February 2023 - Europe, United Kingdom |
UK: Junior health secretary Neil O'Brien avoided answering a question from MP Rachael Maskell about the reason for the delay in publishing an updated Tobacco Control Plan. "We are still considering the recommendations made in ‘The Khan review: making smoking obsolete’ and further information will be available in due course," said O'Brien.
Estonia: The Tax and Customs Board has told TobaccoIntelligence that the tax revenues for heated tobacco products amounted to €1,118,202 in 2021 and €1,600,839 in 2022, while those on nicotine pouches amounted to €3,507,59 in 2020, €5,705,786 in 2021 and €6,671,162 in 2022.
US - Connecticut: Attorney general William Tong has submitted testimony in support of House Bill 6488, which would prohibit the sale of flavoured tobacco products, including e-cigarettes. In this testimony, he supports the enactment of a statewide flavour ban and emphasises that while the written legislation currently excludes menthol-flavoured products from the ban, they should be included to deter youth addiction.
