LATEST ALERTSUS - Hawaii: House Bill 860 has been introduced, which would raise the minimum legal age to purchase and possess tobacco products and electronic smoking devices from 21 to 25.
New trial available: Click on any alert below and access our regulatory alerts and get timely notifications sent to your inbox for 7 days.
Sign Up
Access our regulatory alerts and get timely notifications sent to your inbox for 7 days
Your display name will appear here.
Please enter a username.
3rd February 2023 - Europe |
EU: The Court of Justice of the European Union (CJEU) has dismissed the application for interim measures presented by the applicants in Case T-706/2022, Nicoventures Trading and Others v Commission, challenging Commission Delegated Directive (EU) 2022/2100 that sets out the flavour ban for heated tobacco products across Europe. The Court has decided that the applicants have not demonstrated the existence of serious and irreparable damage that precludes them from awaiting the outcome of the main proceeding, on the grounds that they failed to demonstrate that their market share would be substantially affected. This is because competitors will not be able to sell flavoured heated tobacco products either and customers purchasing these products from the applicants may well therefore switch to their non-flavoured heated tobacco products or other types of tobacco products.
3rd February 2023 - Europe |
EU: Swedish MEP for the European Conservatives and Reformists Group, Johan Nissinen, submitted a parliamentary question last week asking the European Commission whether it can provide an indicative date of when the proposal for a revision of the Tobacco Excise Directive (TED) is due to be adopted, following the postponement of its publication – expected on 7th December 2022. The MEP also asked the Commission whether it can confirm that the proposal will not be published during the Swedish Council Presidency, as hinted by the president of the Economic and Financial Affairs Council and Sweden's minister of finance during an exchange of views with the parliamentary Committee on Economic and Monetary Affairs. The Swedish Council Presidency ends on 30th June 2023.
2nd February 2023 - Paraguay, South America |
Paraguay: Opposition member of the Chamber of Deputies José Rodríguez said that he will present a bill in Parliament seeking to increase the tax on tobacco products – including heated and oral tobacco – from 20% to 24% of the wholesale price, press reports.
Finland: A working group appointed by the Ministry of Social Affairs and Health is proposing measures to end the use of tobacco and nicotine products in Finland by 2030. The group submitted its report to the state secretary on 31st January. The working group proposes that the six-monthly increases for tobacco taxes be continued in the coming government terms and also suggests that the age limit for selling tobacco and nicotine products be raised from 18 to 20, together with the extension of smoke-free environments. The group hopes that the next government will start promoting the report's measures at the beginning of its term.
Italy: The Customs and Monopolies Agency (ADM) has updated the list of websites that do not comply with the long-distance sales and advertising restrictions for tobacco products. The ADM will block the websites that are still non-compliant on 12th February 2023.
Finland: On 31st January, the parliament approved the government's proposal HE 304/2022 amending the Finnish Tobacco Act, which seeks to add the definition of heated tobacco and introduce a flavour ban for heated tobacco products as of 23rd October 2023. The act should now be signed by the president.
Lithuania: Deputy chairman of the Budget and Finance Committee of the Seimas (parliament), Algirdas Butkevičius, has asked the minister of finance, Gintarė Skaistė, about the changed procedure for calculating the excise tax on heated tobacco, media reports. Butkevičius asked Skaistė to justify whether the changed excise duty procedure is more beneficial to the state budget, or whether the new excise duty rate for heated tobacco products per 1,000 units (it used to be per kg) increased the income of the budget.
Sweden: The government has notified a bill to the EU Commission TRIS database to introduce further requirements for nicotine pouch notification, labelling and health warnings. Such products were specifically regulated last year through the Act (2022:1257) on tobacco-free nicotine products and the Ordinance (2022:1263) on tobacco-free nicotine products. The standstill period ends on 26th April 2023.
1st February 2023 - Europe |
EU: Ahead of World Cancer Day, EU commissioner for health and food safety Stella Kyriakides has spoken about the European Beating Cancer Plan (BECA)'s achievements so far and prospects for 2023. Although neither the revision of the Tobacco Products Directive nor of the Tobacco Excise Directive are directly mentioned, the commissioner has stated that the European Commission will be working on over 30 actions over the coming year. These include "measures to achieve smoke-free environments to increase the protection of citizens against tobacco and help deliver on our target of a tobacco-free Generation by 2024". Kyriakides stated that the BECA plan is her main priority as commissioner for health and food safety.
Thailand: On 31st January a Thai appeals court ordered a reduction of the fine of $4m imposed on Philip Morris International (PMI) for allegedly under-declaring import prices for cigarettes from Indonesia in 2002 and 2003, press reports. The court has ordered Thai customs to calculate the new fine.
1st February 2023 - Asia, Kazakhstan |
Kazakhstan: The Health Code specifies that manufacturers and importers of heated tobacco must submit reports on the results of laboratory tests on the maximum permissible nicotine content by 1st February of the year following the reporting period.
Russia: Today, 1st February, is the start of the experiment introducing a system that excludes the technical possibility of selling expired products as well as illegal tobacco and nicotine-containing products in Russia. Chewing tobacco and heated tobacco consumables are among the products included in the experiment. Participation for the sellers of such products is voluntary. The experiment will come to an end on 1st August.
Ukraine: The Tobacco and Alcohol Act specifies that the manufacturer or importer of tobacco products is obliged to provide information about product ingredients to the Ministry of Health. The information must be provided annually by 1st February.
Sweden: Manufacturers and importers of oral tobacco (including snus) and heated tobacco products must report sales information annually by 31st January.
31st January 2023 - Czech Republic, Europe |
Czech Republic: Manufacturers and importers of tobacco products must submit market data to the State Agricultural and Food Inspection Authority annually by 31st January.
31st January 2023 - Australasia, New Zealand |
New Zealand: As highlighted in the TobaccoIntelligence compliance calendar, today (31st January) is the last day for manufacturers and importers of heated tobacco products to submit their market data for 2022.
Latvia: The State Revenue Service has told TobaccoIntelligence that excise duty on heated tobacco products brought in €5,427,000 in 2020, €10,022,000 in 2021, and €10,479,000 in 2022. Revenue on nicotine pouches, which are taxed as tobacco substitutes, was €602,000 in 2021, and €1,690,000 in 2022; they were not subject to excise duty in 2020.
30th January 2023 - Asia, Bangladesh |
Bangladesh: In response to the proposed amendment to ban vaping and heated tobacco products, the Bangladesh Electronic Nicotine Delivery System Traders Association (Bendsta) has called on authorities to withdraw the proposed ban and to consult with all industry members before making any policy decisions, media reports. The organisation fears the ban will jeopardise the prime minister's vision of making the country tobacco-free by 2040.
Portugal: When asked about the tax revenue collected on heated tobacco products, the Customs authority told TobaccoIntelligence that until 2022, only one brand of heated tobacco was marketed, and therefore disclosing the amount of tax revenue would violate the duty of confidentiality. During 2022, other heated tobacco brands began to be marketed. The authority also provided a list of notified tobacco products, which includes heated tobacco products.
Slovenia: Ahead of No-Cigarette Day, which takes place on 31st January, the minister of health and the National Institute of Public Health have said that heated tobacco products and nicotine pouches are not smoking cessation aids and therefore they do not recommend their use as such.
Egypt: Ashraf Hatem, chairman of the House of Representatives’ Health Committee, has argued that although novel nicotine products pose significant health risks, they are less harmful than regular cigarettes, and that curbing nicotine addiction can begin gradually by relying on e-cigarettes or heated tobacco to replace regular cigarettes, press reports.
US - Oregon: Multnomah County is being sued over its ban on flavoured tobacco and vaping products, media reports. Tobacco and vaping retailers filed a lawsuit which claims that the county's ban is pre-empted by state law. Tobacco retailers previously sued Washington County over a similar flavour ban, and won. Furthermore, lawmakers in Oregon recently introduced a bill that would end the sale of flavoured tobacco products across the state.
India: The health department of the state of Tamil Nadu, a southern state of 76m citizens, will appeal the recent order of the Madras High Court, press reports. The order annulled the decision of the commissioner of food safety of the state that banned the manufacture, storage, transport, distribution and sale of gutkha, pan masala and other chewable food products containing tobacco or nicotine as ingredients. Reportedly, the minister of health of the state is also contemplating provisions to ensure a ban on the manufacture and sale of tobacco products.
27th January 2023 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has authorised the marketing of three new tobacco-flavoured heated tobacco products included in Philip Morris Products S.A.’s supplemental premarket tobacco product applications (PMTAs). The products to receive marketing granted orders are Marlboro Sienna HeatSticks, Marlboro Bronze HeatSticks, and Marlboro Amber HeatSticks. More information can be found in our news briefing.
Spain: Along with medical and anti-tobacco associations from various countries, the Spanish anti-tobacco organisation "No-fumadores" is organising a campaign aimed at collecting 1m signatures throughout Europe to promote the first smoke-free generation in Europe. The campaign is also supported and organised by the National Committee for the Prevention of Smoking (CNPT) – an organisation that includes all anti-tobacco associations in Spain – which hopes to encourage a prohibition on the sale of tobacco products to those born after 2010. Among the measures, a smoking ban on beaches and a ban on tobacco advertising are being proposed.
Russia: A bill has been signed today by the president that increases the excise rates for heated tobacco consumables and omits the excise tax for heating devices, media reports. The provisions will enter into force on 1st March 2023. The increase will be from RUB7,839 (€104) to RUB8,669 (€115) per kg in 2023, with further increases in 2024 and 2025.
Germany: The federal drug commissioner, Burkhard Blienert, has called for stricter rules on the advertising of tobacco products, including e-cigarettes and heated tobacco, press reports. Blienert said that the products should be banned from social media, the internet, TV and radio. For e-cigarettes and heated tobacco in particular, he supported a ban on colourful advertising at kiosks, supermarkets and fuel stations.
26th January 2023 - Mexico, North America |
Mexico: There is a daily increase in the number of judicial constitutional appeals (“amparos” ) against the amendment of the Tobacco Act that entered into force in January prohibiting the public use, display and advertising, either direct or indirect, of any tobacco product. One was resolved last week when a Mexico City court judge rejected the amparo on public health and public interest grounds, as press reported. The president of the Confederation of National Chambers of Commerce, Services and Tourism (Concanaco-Servytur) said that the restrictions will have a negative effect on the sector. Retail giant Walmart submitted an amparo last week. The tobacco industry is also planning to appeal. The president of the National Council of the Tobacco Industry (Conainta) said that this regulation will create a black market problem and will increase cigarette smuggling. Conainta estimates that more than 180,000 restaurants and more than 200,000 businesses could opt to appeal the regulation.
Belgium: Health minister Frank Vandenbroucke said he intends to ban nicotine pouches to protect kids and young people from developing nicotine addiction, local media reports. The government notified a proposal to ban nicotine pouches and cannabinoid-containing pouches to the TRIS database in June 2022. The proposal received negative opinions from Croatia, Hungary and Sweden, while the EU Commission did not submit any comment. A bill may be introduced in Parliament soon.
Russia: Prime minister Mikhail Mishustin has signed a decree on conducting an experiment to introduce a system that excludes the technical possibility of selling expired products and illegal tobacco products in Russia. It will take place between 1st February and 1st August 2023. Among the different products, chewing tobacco and heated tobacco consumables were selected for the experiment. Participation for the sellers of such products is voluntary.
Indonesia: Vice president Ma'ruf Amin said today that the effects of e-cigarettes would be reviewed and, if proven to be harmful to public health, they would be banned by the government, press reports. These statements are likely to affect heated tobacco products, as they are considered a type of electronic cigarette in Indonesia.
Indonesia: The minister of health, Budi Gunadi Sadikin, said yesterday that regulations for e-cigarettes are still being discussed across ministries, press reports. The minister highlighted that these products cannot be considered a substitute for traditional tobacco products, and that they are considered to target children due to their attractive flavours. These statements are likely to affect heated tobacco products, as they are considered a type of electronic cigarette in Indonesia.
India: The Madras High Court has quashed the decision of the commissioner of food safety of Tamil Nadu banning the manufacture, storage, transport, distribution or sale of gutkha, pan masala and other chewable food products containing tobacco or nicotine as ingredients. The Court argued that the commissioner is only empowered to ban these products for a temporary period that may extend up to a maximum of one year, press reports. Therefore, the Court has held that the successive notifications issued in Tamil Nadu extending the ban on these products year after year are illegal. The scope of the decision is limited only to the state of Tamil Nadu, a southern state of 76m citizens.
Russia: Today, the Federation Council (upper chamber of the parliament) approved a bill increasing the excise rates for heated tobacco consumables and omitting the excise tax for heating devices, media reports. If signed by the president, the provisions would enter into force on 1st March 2023. The increase would be from RUB7,839 (€104) to RUB8,669 (€115) per kg in 2023, with a further increase in 2024 and 2025.
25th January 2023 - Asia, Philippines |
Philippines: Health advocacy groups have expressed their support for House Bill 5532, which aims to raise taxes on heated tobacco products, press reports. The bill was presented by representative Joey Salceda of the majority bloc Lakas-CMD party and proposes an increase to PHP40 ($0.73) per pack of 20 units, with a 5% increase in the subsequent year. The bill is pending in the Ways and Means Committee.
Lebanon: Yesterday, 24th January, the Lebanese Tobacco Authority published an updated list of heated tobacco prices, specifying the following prices per unit: LBP6,700 ($4.44) for Nuso, LBP6,725 ($4.46) for Heets, LBP9,400 ($6.23) for Heets Dimensions and LBP5,175 ($3.43) for Fiit. The Tobacco Authority in Lebanon sets the prices for all tobacco products based on the provisions of Decree No. 151/1959, which establishes a state monopoly on tobacco.
Egypt: In a televised interview, Ahmed Abdel-Maged, secretary of the Senate's Health Committee, said that heated tobacco products are as harmful as smoking. He said tobacco companies mislead the public by marketing them as healthy alternatives to smoking, while they are equally dangerous as the inhaled smoke contains nicotine, which is addictive. Earlier this week, a bill was submitted to the Senate’s Health Committee to expand usage restrictions on heated tobacco and to ban its usage in universities and schools in order to curb widespread use by youth.
Finland: Yesterday, 24th January, Parliament approved in the first reading the content of the bill contained in the government's proposal HE 304/2022, amending the Finnish Tobacco Act. If further adopted, the definition of heated tobacco would be added to the act. The heated tobacco flavour ban will also enter into force on 23rd October 2023.
US - Hawaii: House Bill (HB) 1076 has been introduced. This bill would ban the sale of flavoured tobacco products and mislabelled e-liquid products. Any nicotine-containing products and e-cigarettes would be included in the definition of tobacco products for the purposes of this bill.
Russia: Today the Federation Council (upper chamber of the parliament) Committee on Economic Policy supported a bill increasing the excise rates for heated tobacco consumables and omitting the excise tax for heating devices, media reports. The Federation Council will consider the bill during its first spring session meeting tomorrow (25th January). If approved and then signed by the president, the provisions would be in force as of 1st March 2023. The increase would be from RUB7,839 (€105) per kg to RUB8,669 (€116) per kg in 2023, with further increases in 2024 and 2025.
Tunisia: Tobacco importers and manufacturers have until 13th December to place a health warning on their products. Last year, the health ministry imposed health warnings covering 70% of the packaging, with an original deadline of 21st January 2023. Heated tobacco is treated as a tobacco product and has been under the monopoly of the National Tobacco and Matches Authority since September 2021.
Sweden: The government has notified through the EU TRIS database a bill to implement further restrictions on notification, advertising, labelling and packaging of nicotine pouches. The standstill period ends on 21st April.
23rd January 2023 - Asia, South Korea |
South Korea: A bill was introduced last week seeking to reduce the national health promotion tax on snus and nicotine pouches from KRW534.50 ($0.43) to KRW56.10 ($0.046) per g.
US - Oregon: House Bill 3090 has been introduced, which would ban the sale of flavoured tobacco products, including e-cigarettes, menthol and smokeless tobacco. The bill’s definition of “tobacco products” includes all those that contain either natural or synthetic nicotine.
Indonesia: The Directorate General of Customs and Excise has revealed how much revenue was collected from e-cigarette and heated tobacco excise duty in 2022, press reports. A total of IDR1.02tn ($68m) included IDR627.11bn ($42m) from open-system e-cigarettes, IDR119.47bn ($8m) from closed-system e-cigarettes, and IDR271.93bn ($18m) from heated tobacco products. The total revenue collected from tobacco and related products was IDR218.62tn ($14.57bn), of which e-cigs and heated tobacco accounted for just 0.4%.
23rd January 2023 - Czech Republic, Europe |
Czech Republic: A Ministry of Health draft decree on tobacco-free nicotine pouches has been notified to the EU TRIS system. It seeks to provide further regulatory details for the composition, labelling, notification and other requirements for nicotine pouches, including a limit of 12 mg of nicotine per pouch. The standstill period ends on 20th April.
Bulgaria: Members of We Continue the Change, a centrist party with the second most seats in Parliament, have presented a bill to amend the Law on Tobacco and Tobacco Products. Among the measures proposed are an expansion of the prohibition of marketing and advertising, including the obligation of health warnings on advertisements. The bill would affect heated tobacco products.
Egypt: A bill presented by representative Mohamed Emara – secretary of the Youth and Sports Committee – will be discussed by the Senate health committee on Sunday, 22nd January. Among the provisions of the bill are expanding usage restrictions on heated tobacco and banning its consumption in universities and schools in order to curb widespread use by youth, press reports. However, heated tobacco usage has already been treated as smoking, which means that even if the bill is adopted, it would not impact the current situation.
