LATEST ALERTSBrazil: The director of the National Health Surveillance Agency (Anvisa), Antonio Barra Torres, has told media that a resolution of the legal status of e-cigarettes and heated tobacco will probably be reached this year, possibly by the end of June. He said he did not want to anticipate whether that would involve prohibition or authorisation of the products because of the impact it would have on the market.
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Bulgaria: The Customs authority has told TobaccoIntelligence that BGN55,308,468 (€28.27m) was collected in tax on heated tobacco products in 2020; BGN44,932,636 (€22.96m) in 2021; and BGN68,710,194 (€35.12m) in 2022. Nicotine pouches are not subject to excise tax in Bulgaria.
28th March 2023 - Europe, Switzerland |
Switzerland: A study conducted last year by the Swiss Addiction Foundation, funded by the Federal Office of Public Health and involving 9,345 students, found 4% of boys and 3% of girls aged 15 had used heated tobacco at least once in the preceding 30 days. The foundation is urging the government to take measures on advertising, sales, price, packaging and flavours.
Egypt: The Senate has passed a bill on "Treating e-cigarettes and heated tobacco reciprocally with regular cigarettes'' during its plenary session today (27th March). Among others, the provisions of the bill include expanding the usage restrictions on e-cigarettes and prohibiting vaping in schools and universities to curb their prevalence among young people, press reports. The recommendations stipulated in the bill will be subject to the acceptance or rejection of the government since the Senate is a Consultative Council.
27th March 2023 - Asia, Philippines |
Philippines: Last week, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular 35-2023, clarifying that the application of the 18-month transition period provided in the Vape Law (Republic Act 11900) is only for the provisions of product standards and product registration with the Bureau of Philippine Standards. The remaining provisions – such as registration of manufacturers, importers and brands with the BIR – are therefore effective. At the same time, the Food and Drug Administration (FDA) issued an advisory notice informing industry members that the issuing of the licence to operate (LTO) and the product batch declaration (PBD) certification for vaping and heated tobacco product establishments has stopped as they are no longer required.
Denmark: The Social Democratic Party – the governing party with the most seats in the parliament – is planning to ban flavoured nicotine pouches, press reports. "This is definitely something we need to look at in the near future. I expect us to address it before the summer break. Nicotine products should not taste like candy," said Mathilde Powers, prevention spokesperson and member of Parliament for the Social Democratic Party.
Bulgaria: The Ministry of Health and the Ministry of Internal Affairs are creating a working group to draft an amendment to the Child Protection Act to prohibit the sale of nicotine pouches to people under 18, press reports. According to health minister Assen Medjidiev, more information about the draft will be released in 15 days. Currently, nicotine pouches are regulated as consumer goods.
Lithuania: The Department of Drug, Tobacco and Alcohol Control has issued a reminder that from 1st April 2023, under order no. V-1815/3D-771, tetrahydrocannabinol (THC) will be completely prohibited in tobacco products, including innovative tobacco products, e-cigarettes and their refills (with and without nicotine) and herbal products for smoking, press reports.
24th March 2023 - Europe, United Kingdom |
UK: Junior health secretary Neil O'Brien has said that there is currently no evidence that young people move from using vapes to tobacco products, including cigarettes.
24th March 2023 - Europe |
EU: The EU Commission proposal for the Green Claims Directive requires companies to substantiate claims about environmental footprint with the standard quantifying methods. The current version of the Tobacco Products Directive (TPD 2) already prohibits tobacco product packaging from suggesting improved biodegradability or other environmental advantages, but it does not prohibit this in advertising. Feedback about the proposal can be sent until 19th May 2023.
23rd March 2023 - North America, United States |
US - federal: The Food and Drug Administration (FDA) has published a new webpage listing all the tobacco products-related citizen petitions received by the agency’s Center for Tobacco Products (CTP). A citizen petition is a way for individuals, regulated industry representatives, or consumer groups to petition the FDA to issue, amend, or revoke a regulation, or to take other administrative action.
Cambodia: During a seminar yesterday on e-cigarettes and related products, education minister Kim Sethany told school managers to ramp up enforcement of the ban on e-cigs and heated tobacco, which she said were widely known by Cambodian teenagers through advertising on social media, press reports.
23rd March 2023 - Europe, United Kingdom |
UK: The Advertising Standards Authority (ASA) has ruled that the heated tobacco retailer Neafs breached the Committees of Advertising Practice (CAP) code by featuring images on its website of people who appeared to be under 25 holding and using a Neafs device. It was determined that one of the models would have been 24 at the time the advertisement was published, putting it in breach of the code.
23rd March 2023 - Czech Republic, Europe |
Czech Republic: An amendment to the Act on the Protection of Health from the Harmful Effects of Addictive Substances comes into force today, bringing changes to the regulation of nicotine pouches. Retailers have a three-month period to adapt to the new rules, which place pouches under the same restrictions on sales and public use as tobacco and e-cigarettes, including the ban on sales to under-18s.
US - Maine: Legislative Document (LD) 1215 and LD 1174 have been introduced. Both would ban the sale of all flavoured tobacco products, except for tobacco flavour.
Taiwan: Amendments to tobacco legislation banning all types of e-cigarette and regulating heated tobacco products will come into force tomorrow. Heated tobacco products will have to undergo a health risk assessment before they can be sold in Taiwan. E-cigarette retailers risk fines of between TWD200,000 ($6,500) and TWD1m ($32,800), while anyone caught vaping could be fined TWD2,000 ($65) to TWD10,000 ($328).
21st March 2023 - Europe, United Kingdom |
UK: The government will unveil a set of proposals in the coming weeks aimed at realising the goal of a “Smokefree 2030” and responding to the recommendations in the Khan Review, according to junior health minister Neil O’Brien.
21st March 2023 - Europe, United Kingdom |
UK: Lancashire Police and Trading Standards officers last week seized 1,024 counterfeit e-cigarettes and tobacco products in the town of Preston. Together they would have been worth around £7,000 if genuine.
Italy: The Council of Ministers has adopted a bill to delegate a tax reform to the government. Among other things, it aims to review the administrative procedures for the sales network for tobacco products, e-cigarettes and nicotine pouches. The bill should come before Parliament in May.
Taiwan: The Health Ministry has proposed banning the use of floral, fruity, chocolate and mint-flavoured additives in tobacco products. If adopted, the measure would come into effect within 18 months of publishing. In January, the parliament adopted amendments to the tobacco legislation, allowing heated tobacco products that undergo a health risk assessment; however, the enforcement date has yet to be decided by the executive branch.
Pakistan: During a seminar on the impact of nicotine and heated tobacco products on public health – held on 19th March in Khyber Pakhtunkhwa province – Nek Dad, public health director of the Directorate General of Health Services, called for a restriction on the use and marketing of heated tobacco products, highlighting the need to educate the public on their potential harm, press reports.
Bahrain: On 19th March, the minister of industry and commerce issued Decision No.26/2023, authorising the Ministry of Health to monitor the implementation of the Electronic Nicotine Products standards for a period of one year. Originally, Decision No.121/2021 mandated the Ministry of Health to monitor the implementation for six months.
US - New Mexico: House Bill 547 has been approved by both the Senate and House. The bill would change the definition of tobacco products for tax purposes to include all nicotine-containing products, including synthetic nicotine products. It would not change the existing tax rate on tobacco products, meaning that these products would be taxed at 25% of the product value.
Bulgaria: The Ministry of Finance has presented a draft Law on Amendments and Supplements to the Tax-Insurance Procedural Code, introducing a tax for "tobacco substitutes containing nicotine", which would include nicotine pouches. If adopted, the tax would be BGN167 (€85.39) per kg from 1st July 2023, BGN184 (€94.08) per kg from 1st January 2024, BGN202 (€103.28) per kg from 1st January 2025 and BGN222 (€113.51) per kg from 1st January 2026. The draft is open for public consultation until 16th April, when it will then be sent to the National Assembly.
20th March 2023 - Europe |
EU: EU environment ministers, particularly from Italy and Belgium, want more flexibility in implementing the Packaging and Packaging Waste Regulation, proposed by the European Commission in November last year, media reports. The regulation seeks to boost waste prevention and recycling by introducing new targets on reuse and mandatory deposit return schemes for used packaging, potentially affecting packaging requirements for tobacco and vaping products. During a debate held in the Environment Council last week, ministers from several EU countries disagreed with the choice of a regulation that would be directly applicable, instead preferring a directive that would allow more flexibility for implementation. The European Commission defended its proposal, specifying that the previous directive has failed to reduce waste. The aim of the debate was to provide political guidance, and we expect further debate before the Council reaches an agreement.
20th March 2023 - Europe, Netherlands |
Netherlands: Since the minister of infrastructure and water management highlighted the problems around cigarette filters, the government has engaged an independent research and consultancy organisation, CE Delft, to investigate how to reduce the number of cigarette butts on the street, media reports. Researchers estimate that between 0.12m and 3.5m kg of butts end up on the streets in the country annually, representing a danger to both nature and humans. According to the researchers, there are several options for reducing this number, including banning them on a European level, introducing a deposit system, as well as other measures such as starting a campaign to raise people’s awareness about their negative impact. Should any changes be implemented, we believe they would be applicable to the heated tobacco butts as well.
20th March 2023 - Europe, Netherlands |
Netherlands: After an inspection of 25 outlets in the Hague, the Dutch Food and Consumer Product Safety Authority (NVWA) found that the inspected points-of-sale did not comply with all the rules, violating the display ban that applies to tobacco and vapour products, among other things.
17th March 2023 - North America, United States |
US - General: The Food and Drug Administration (FDA) has authorised Altria Group-owned U.S. Smokeless Tobacco Co.'s Copenhagen Classic Snuff product to be marketed as a modified-risk tobacco product (MRTP). Copenhagen’s moist snuff is a pre-existing tobacco product that has been marketed in the US for years without MRTP status. The authorisation means that the product can be marketed with the language: "IF YOU SMOKE, CONSIDER THIS: Switching completely to this product from cigarettes reduces risk of lung cancer."
US - New York: The New York State Senate and New York State Assembly have rejected governor Kathy Hochul’s proposal to ban sales of flavoured tobacco products, which would have included menthol cigarettes, media reports. The proposal was first introduced in February as part of the governor’s 2023-2024 fiscal year budget. Hochul’s proposal was opposed by the State Assembly and State Senate, but both groups did agree to raise cigarette taxes from $4.35 to $5.35, making New York the state with the highest tax for cigarettes. The tax would also apply to heated tobacco products. A final budget deal is expected by 1st April.
17th March 2023 - Asia, Kyrgyzstan |
Kyrgyzstan: The parliament approved the bill "On amendments to certain legislative acts of the Kyrgyz Republic in the field of taxation" in the second and third readings, media reports. The bill would apparently change the taxation mechanism for heated tobacco products so they would be taxed based on weight (kg) instead of quantity (pieces), underpinning the principle of harm reduction. The consolidated version of the bill is not yet public. The bill would need to be signed by the president before it comes into effect.
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to heated tobacco products or e-cigarettes, since there is no definition of “cigarette” in the bill.
16th March 2023 - Europe, Netherlands |
Netherlands: The House of Representatives has approved a motion calling on the government to introduce licensing requirements for tobacco sales outlets, media reports.
Finland: The Ministry of Finance has confirmed to TobaccoIntelligence that heated tobacco products have been subject to excise tax since 1st January 2022, but said no such products are on the market in Finland. The ministry also confirmed that tobacco-free nicotine pouches are not subject to excise tax.
Qatar: The General Customs Authority has confirmed to TobaccoIntelligence that nicotine pouches are legal and can be imported by companies for commercial purposes under the Harmonised System (HS) code 24049130. The authority said no special labelling rules applied, but that importers should follow the general clearance procedures on the customs portal (Nadeeb), and that pouches are subject to an excise tax of 100%.
15th March 2023 - Europe |
EU: The Court of Justice of the European Union (CJEU) last week gave a preliminary ruling, as requested by the German Federal Court of Justice, on the interpretation of Article 8(3) of the Tobacco Products Directive, which states that health warnings on tobacco products must not be “partially or totally hidden” when they are placed on the market. The court said the fact that tobacco products are enclosed in vending machines, preventing health warnings from being seen from the outside, does not mean the warnings are “hidden” within the meaning of the directive.
15th March 2023 - Europe |
EU: Answering questions from MEPs Johan Nissinen of the right-wing Sweden Democrats and Anne-Sophie Pelletier of the French Left on when the proposal reviewing the Tobacco Excise Directive (TED) would be presented, the European Commission stated that “the revision is currently being finalised”, and ”a planned adoption date will be indicated in due course”.
Italy: The Customs and Monopolies Agency (ADM) has published a notice issued to retailers last week telling them to suspend sales of nicotine pouches until the Ministry of Health has analysed the content and safety of those currently on the market.
Slovenia: The National Institute of Public Health has supported a Ministry of Health bill which seeks to include nicotine pouches within the category of “related products” in the legal framework for tobacco products and to transpose the European Commission directive setting out the EU-wide heated tobacco flavour ban. The institute also recommends further restrictions, such as limiting sales points, extending the flavour ban to nicotine pouches, and banning the sale of chewing tobacco and snuff.
Lithuania: The Ministry of Health is looking to implement the Commission Delegated Directive (EU) 2022/2100 with an amendment to the Law on Tobacco Control, media reports. The amendment prohibiting the marketing of heated tobacco products with a characteristic flavour should be adopted by 23rd July of this year, and come into force and be applied from 23rd October. The amendment has not yet been circulated.
Serbia: Health minister, Danica Grujičić, told local media that the proposal to amend the Law on the Protection of People from Smoke Exposure will ban both smoking and vaping inside hospitality premises. The proposal has not yet been published. No other changes to the tobacco framework, namely the Tobacco Law, that would regulate e-cigarettes and heated tobacco in other policy areas have been announced.
China: The Healthy China Action Promotion Committee instructed enforcement agencies to "severely crack down" on illegal underage and online sales. The State Tobacco Monopoly Administration is also planning to step up enforcement of the tobacco control rules, and increase oversight over production in order to ensure that only licensed manufacturers remain on the market.
10th March 2023 - Europe, United Kingdom |
UK: At yesterday's debate, the National No Smoking Day, MPs asked the health secretary exactly when the response to the Khan review will be published and whether a “polluter pays” charge will be imposed on the tobacco industry in the upcoming budget. Junior health secretary, Neil O'Brien, answered that a set of proposals to realise the smokefree 2030 ambition and to respond to the Khan review’s recommendations will be revealed in the coming weeks.
Russia: Yesterday, a bill on the state regulation of production and circulation of tobacco and nicotine-containing products was approved by the Russian government, and was sent to the State Duma (lower chamber of the parliament). The proposed bill would introduce, among other things, state licensing of production and storage, import and export of tobacco and nicotine-containing products, including raw materials. The bill would also establish mandatory state registration for the main technological equipment used for the production of these products. It is also expected that the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) would be given control over such products.
US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.
Russia: The government agenda for today includes a discussion on a proposal concerning the production, licensing and packaging requirements for tobacco and nicotine products. There are currently no notification requirements specific to heated tobacco. Detailed analysis will be provided following the publication of the proposal.
9th March 2023 - North America, United States |
US - Federal: Yesterday, the Food and Drug Administration (FDA) announced that it is proposing new requirements for tobacco product manufacturers regarding the manufacture, design, packing and storage of their products. "For example, these requirements would help minimize or prevent the manufacture and distribution of tobacco products contaminated with foreign substances—such as metal, glass, and plastics—which have been found in tobacco products. The proposed rule would also help address issues related to inconsistencies between e-liquid product labeling and the actual concentrations in e-liquids; such variability can be misleading to consumers, potentially intensifying addiction and exposure to toxins." The proposed rule was filed yesterday, 8th March, and remains unpublished; it is scheduled to be published tomorrow, 10th March.
Spain: The Spanish Association of Establishments with Vending Machines (AEPVR) has sued the Commissioner for Tobacco Markets for an alleged campaign of harassment, press reports. Many bars that sell tobacco products via vending machines have been fined in recent months for not getting their supplies from one of the three nearest tobacconists, as the law requires. This has led a number of bars to withdraw the machines and stop selling tobacco. The AEPVR claims that since 2016 more than 50,000 tobacco vending machines have been withdrawn, removing “a natural barrier to smuggling”.
8th March 2023 - Europe, United Kingdom |
UK: Asked in Parliament about a possible “smoke-free fund” to be paid for by the tobacco industry to boost public health budgets, junior health minister Neil O’Brien said the government would be investing £35m this year in the National Health Service (NHS) to ensure that all smokers who are admitted to hospital are given NHS-funded tobacco treatment.
