LATEST ALERTSUS - Vermont: The state Senate has introduced bill S 18, which would prohibit the sale of flavoured tobacco products, including menthol tobacco products and e-cigarettes. The bill would also direct the office of the attorney general to report on the extent to which Vermont may legally restrict advertising and regulate labels for e-cigarettes and other vaping-related products.
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Germany: The Federal Ministry of Food and Agriculture (BMEL) presented a third amendment to the Tobacco Products Law draft, which will transpose the flavour ban for heated tobacco products imposed by EU Directive 2022/2100. The draft has not yet been sent to Parliament.
19th January 2023 - Mexico, North America |
Mexico: The National Association of Small Retailers (Anpec) has warned that the General Tobacco Control Act amendment that came into force on Sunday will hit its members hard, press reports. It says the new measures, which include a display ban, will encourage black market sales and “generate direct socioeconomic effects on small and medium-sized shops, since the sales of these products represent 25% of their monthly income”.
Italy: Health minister Orazio Schillaci told a meeting of the Chamber of Deputies Social Affairs Committee that he intends to update the anti-smoking law by extending the smoking ban to public places frequented by children and pregnant women, eliminating smoking rooms in public places, and equating heated tobacco use and vaping with smoking. A bill to that effect may be introduced in the parliament soon.
18th January 2023 - Europe, United Kingdom |
UK: Junior health minister Neil O’Brien said yesterday that the government has no current plans to implement further tobacco harm reduction strategies. He also said that because the government encourages users to quit all forms of tobacco, it did not recommend the use of heated tobacco. He added: “Snus is banned in the United Kingdom and we have no plans to introduce additional tobacco products to the market as we have safer nicotine delivery products currently available for smokers to switch to.”
Russia: Parliament’s lower chamber, the State Duma, today fully adopted the government’s proposed tax amendments, media reports. Assuming they also pass the Federation Council, the upper chamber, and are signed by president Vladimir Putin, the excise tax on heated tobacco devices will be scrapped, while that on the tobacco itself will reportedly rise from RUB7,839 (€105) per kg to RUB8,669 (€116) per kg on 1st March, with further increases to follow in 2024 and 2025.
18th January 2023 - Europe |
EU: An application to the European Court of Justice by Nicoventures and five others to annul the EU-wide flavour ban for heated tobacco products imposed by Commission Delegated Directive (EU) 2022/2100 has now been published. The applicants claim the ban goes beyond the powers delegated to the European Commission (EC) under Directive 2014/40/EU and say the Commission failed to state reasons, as required by Article 296 of the Treaty on the Functioning of the European Union. Our regulatory report provides a detailed analysis of whether or not the contested measure may be considered to exceed the EC’s powers.
US - Hawaii: Senate Bill 148 has been introduced, which would prohibit the sale or furnishing of a tobacco product or e-cigarette to anyone born on or after 1st January 2003.
18th January 2023 - Asia, United Arab Emirates |
United Arab Emirates (UAE): The Ministry of Industry and Advanced Technology has told TobaccoIntelligence that a new fee is now being charged to issue the conformity certificates for regulated products. The fee is AED670 ($182) for the certificate and AED620 ($169) for the technical review of documents. It now takes one and a half working days to resolve an application instead of three, and applications are submitted per model type or per stock keeping unit (SKU).
17th January 2023 - Europe, United Kingdom |
UK: In answer to a parliamentary question about when the new tobacco control plan and a response to the Khan review would be published, junior health minister Neil O’Brien said Khan’s recommendations were being considered and that further information would be available “in due course”. In the past few months, no official has denied reports that the new plan may not get published under the current government or said when it would be published. This suggests no changes to the alternative tobacco products regime can be expected within the next few years.
17th January 2023 - Paraguay, South America |
Paraguay: Opposition senator Pedro Santa Cruz has written to president Mario Abdo Benítez urging him to increase the tax on tobacco products, including heated and oral tobacco, from 20% to 22% of the wholesale price, with proceeds to go to the National Cancer Institute (Incan).
Russia: The State Duma Committee on Budget and Taxes has backed the government’s tax amendments, media reports. Under the plan, if adopted, excise tax on heated tobacco devices will reportedly be scrapped, while the tax on heat-not-burn (HnB) consumables will rise from RUB7,839 (€105) to RUB8,669 (€116.50) per kg on 1st March, with further increases in 2024 and 2025.
US - Indiana: House Bill 1133 has been introduced. This bill would prohibit the sale of flavoured tobacco products and their components, including cigarettes, e-cigarettes, and smokeless tobacco; and tobacco products that have a characterising flavour.
US - New Mexico: House Bill 94 has been introduced. This bill would prohibit the sale of flavoured tobacco products. The definition of tobacco products would include nicotine-containing products, and e-cigarettes specifically.
16th January 2023 - Europe, Netherlands |
Netherlands: Today, 16th January, is the last day of the public consultation on the ban of tobacco-free nicotine products for oral use, such as nicotine pouches, announced by the Ministry of Health, Welfare and Sport in December 2022.
US - New York: Many new bills have been introduced, including Bills A 699 and A 93. Bill A 699 would prohibit the sale of flavoured smokeless tobacco within 500 ft of a public or private school. The bill further provides for a definition of "flavoured smokeless tobacco" which would include any product made/derived of tobacco or nicotine intended to be placed in an oral cavity; the ban would comprise all flavours except tobacco. Bill A 93 would prohibit the distribution without charge or sale of flavoured nicotine pouches.
Morocco: The Party of Progress and Socialism proposal to amend Law No. 15.91/1995 was referred to the Justice, Legislation and Human Rights Committee of the parliament for further discussion on Friday (13th January). The bill – which proposes the implementation of a ban on using tobacco in public areas and lays down restrictions on the marketing and advertising of all tobacco products – defines tobacco products as any product made entirely or partly from tobacco, including hookahs, heated tobacco, and electronic cigarettes.
16th January 2023 - Europe |
EU: As highlighted in our compliance calendar, the European Citizens' Initiative (ECI) “Call to achieve a tobacco-free environment and the first European tobacco-free generation by 2030” is starting to collect signatures as of today, 16th January 2023. It seeks to end the sale of nicotine products to people born after 2010, to extend outdoor smoking-free and vape-free spaces, and to eliminate tobacco advertising and social media presence. The ECI needs to collect a total of 1m signatures in seven different member states in one year before the European Commission considers proposing any related legislation.
16th January 2023 - Mexico, North America |
Mexico: The amendment to the regulation of the General Tobacco Control Act entered into force yesterday, 15th January. The regulation prohibits the display – direct or indirect – of any tobacco product, and prohibits smoking in all public and crowded places, such as beaches, streets or parks. It does, however, establish the possibility of creating smoking areas. The smoking ban is also applicable to heated tobacco products.
16th January 2023 - Asia, Philippines |
Philippines: Following seizures of smuggled and untaxed products, the Bureau of International Revenue (BIR) has called on all distributors and sellers of e-cigarettes, heated tobacco products and novel tobacco products to comply with the business registration requirements and tax obligations specified in BIR Revenue Regulations 14-2022 and DTI Department Administrative Order 22-16. Among the requirements is the obligation for sellers and distributors of products via e-commerce and internet websites to be registered with the competent authorities.
US - New York: Bill A 86 has been introduced. This bill would increase the tax imposed on the sale of certain tobacco products from 75% to 129% and increase the tax imposed on the retail sale of vapour products from 20% to 48%.
Taiwan: Yesterday, 12th January, the Legislative Yuan adopted the amendments to the Tobacco Hazards Prevention Act, which for the first time regulates heated tobacco. In order to be allowed on the market, these products would require a health risk assessment. The tobacco purchasing age will also be raised from 18 to 20.
Italy: The Customs and Monopolies Agency (ADM) has updated the retail prices and excise duties on heated tobacco consumables.
Ukraine: Yesterday, 12th January, the Verkhovna Rada (parliament) adopted Bill 8286 on the introduction of an electronic excise stamp for tobacco products and e-liquids in the first reading. The adoption of the bill is necessary to ensure the traceability of the circulation of such products. If fully adopted, it would be applicable as of 1st January 2024. Parliament also adopted in the first reading the related Bill 8287 on corresponding amendments to the Tax Code and other laws.
13th January 2023 - Czech Republic, Europe |
Czech Republic: Yesterday, 12th January, the Chamber of Deputies (lower chamber of the parliament) adopted the amendment to the Law on the protection of health from the harmful effects of addictive substances regarding the regulation of nicotine pouches. If adopted by the Senate, the same rules that deal with sanctions and restrict sales and public place usage for tobacco and e-cigarettes would be applicable to nicotine pouches, including the prohibition of sale to minors. As we previously reported, the Ministry of Health presented a decree on nicotine pouches in November, which seeks to provide further regulatory details for the composition, labelling, notification and other requirements, and sets a nicotine limit of 12 mg per pouch. If adopted by the government, it would enter into force in July 2023.
12th January 2023 - Europe, United Kingdom |
UK: Junior health minister Neil O’Brien has told Parliament that the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT) is still reviewing the evidence on nicotine pouches and assessing their risk to users. A final position statement will be published once the review is complete, which is expected in early 2023.
US - Connecticut: Senate Bill 40 has been introduced, which would ban smoking and vaping at state beaches and parks and allow municipalities to place restrictions on smoking and vaping at municipal parks and other outdoor venues.
11th January 2023 - North America, United States |
US - federal: The Food and Drug Administration (FDA)’s Youth Cigarette Prevention Campaign “The Real Cost” launched two new ads this week, focusing for the first time on “the negative mental health effects of cigarette smoking and withdrawal”. One video, titled Auctioneer, highlights the fact that cigarette withdrawal can lead to anxiety; the other, Said Every Smoker Ever, promotes the message that “three out of four teenage smokers stay smokers” into adulthood.
Ukraine: The Verkhovna Rada (parliament) Committee on Finance, Tax and Customs Policy supported Bill 8286 on the introduction of an electronic excise stamp for tobacco products and e-liquids, media reports. If adopted, the bill – considered necessary to ensure the traceability of such products – will apply from 1st January 2024. The committee also backs the related Bill 8287 on corresponding amendments to the Tax Code and other laws.
US - Ohio: Following governor Mike DeWine’s veto of a state bill that would have prohibited local governments from enacting laws to prevent the sale of flavoured tobacco products, a council member in Cincinnati is considering introducing a flavour ban, due to her concern about flavoured products being marketed to youth. “I think that that’s just wrong,” council member Victoria Parks said. “You know, causing addiction and death.” Cincinnati is a city with a population of around 300,000.
Germany: Following a small inquiry made by MP Simone Borchardt from the opposition CSU/CDU party, asking about how the federal government assesses nicotine-free pouches as a harm reduction product, the federal government answered that the Federal Ministry of Food and Agriculture (BMEL) is currently conducting an evaluation of the study done by the Federal Institute for Risk Assessment (BfR) on nicotine pouches.
Latvia: The excise tax rate on both heated tobacco and nicotine pouches increased on 1st January to €218 per kg.
Armenia: The excise tax on heated tobacco has increased to AMD3,100 ($7.95) per 1,000 consumables from 1st January.
10th January 2023 - Asia, Kazakhstan |
Kazakhstan: The tax rate for heated tobacco consumables has changed from 1st January to KZT9,870 ($21.45) per 1,000.
10th January 2023 - Asia, Kyrgyzstan |
Kyrgyzstan: The tax rate for heated tobacco consumables has increased from 1st January to KGS2,000 ($23.35) per 1,000.
Russia: Tax on heated tobacco devices has increased from 1st January to RUB64 (€0.86) each, and on heat-not-burn (HnB) consumables to RUB7,839 (€105) per kg of tobacco.
Indonesia: A new excise duty on heated tobacco products now applies, as of 1st January, at IDR2,886 ($0.19) per g of tobacco.
Ukraine: The tax rate for heated tobacco consumables has risen to UAH2,097.12 (€53) per 1,000 as of 1st January.
10th January 2023 - Europe, Montenegro |
Montenegro: The tax rate for heated tobacco increased on 1st January to €145 per kg.
10th January 2023 - Czech Republic, Europe |
Czech Republic: The excise tax rate for heated tobacco products has increased to CZK3,000 (€125) per kg from 1st January.
Belarus: Under a December 2022 amendment to the Tax Law, heated tobacco consumables will be taxed until 31st March at BYN226.68 (€84) per kg; then from 1st April to 30th June at BYN261.92 (€97) per kg; from 1st July to 30th September at BYN297.20 (€110.10) per kg; and from 1st October to 31st December at BYN332.44 (€123.15) per kg. Nicotine pouches are now taxed at BYN92.11 (€34) per kg. The law also introduced a BYN2.72 (€1) tax on heated tobacco devices.
Slovenia: The new excise duty now in force, until 30th April, for heated tobacco products is €110 per kg.
Hungary: From 1st January, the new excise duty on chewing tobacco and nicotine pouches is HUF25,960 (€65.30) per kg.
10th January 2023 - Asia, Philippines |
Philippines: As of 1st January 2023, heated tobacco tax increased to PHP32.50 ($0.59) per pack of 20 units.
Portugal: Ordinance 154/2022 entered into force on 1st January 2023. It sets new rules for smoking rooms, such as size, ventilation and signage. The rules include the use of heated tobacco and e-cigarettes.
Portugal: As of 1st January 2023, heated tobacco tax increased to €0.0896 per g. The total tax on heated tobacco cannot amount to less than €0.193 per g.
Germany: As of 1st January 2023, heated tobacco tax increased. Heated tobacco tax consists of a combination of the tax rate for pipe tobacco (€0.88) and an additional amount of €2.01 based on a pack with a value of €6.
Austria: According to the Packaging Ordinance of 2014, as of 1st January 2023 manufacturers of tobacco products with filters, or filters for use in combination with tobacco, are required to bear the costs of cleaning operations of the waste, transport and treatment and the costs of awareness-raising and information for final consumers.
Morocco: Law No.50.22/2023 regarding budget law for the year 2023 entered into force in January 2023, stipulating an additional tax on the retail sale price of heated tobacco, at a rate of MAD675 ($66) per kg.
