LATEST ALERTSTaiwan: 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.
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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.
Estonia: As of 1st January 2023, the heated tobacco consumables tax has increased to €107 per kg.
Jordan: Representative Talal El-Nesour has called on a parliamentary session to increase the taxes on tobacco to finance costly gas and fuel bills, local press reports. It’s worth noting that Jordan levies an excise tax on heated tobacco and e-cigarettes at a rate of 200%.
Lithuania: As of 1st January 2023, the heated tobacco consumables tax has increased to €60.20 per 1,000 units, as planned.
Egypt: A member of the House of Representatives, Ghada Ali, requested a briefing from the Ministers of Health and Supply regarding the negligence of the Consumer Protection Agency in monitoring of the sale of heated tobacco and vaping products, which are sold without supervision to under-18s, affecting their mental and physical health, press reports. Moreover, she argued that vaping and smoking of any kind threatens the health of the Egyptian people, and called for stricter rules on monitoring the places that sell heated tobacco and e-cigarettes.
9th January 2023 - Europe, United Kingdom |
UK: Nottinghamshire Trading Standards will receive additional funding to raise its inspection capacities specifically for shops selling age-restricted products like e-cigarettes. Trading Standards officers will compose a list of the "top 10" most-reported shops and provide compliance advisory materials on age-restricted to retailers.
9th January 2023 - Europe, United Kingdom |
UK: A shop in Taunton has been closed following a seizure of 119 pouches and a large amount of illegal e-cigarettes, in addition to illegal tobacco products, which was the fourth seizure at the shop in 2022. Sharon Anderson, group manager of intelligence & investigations, Heart of the South West Trading Standards Service, said: “We’ve seen a huge increase in vaping as an alternative to cigarettes over the last few years. Originally for those attempting to give up smoking, the bright colours and sweet flavours are now worryingly attracting younger audiences and so it is essential store owners remain vigilant when selling these products.”
Morocco: The Party of Progress and Socialism proposed to amend Law No. 15.91/1995 to include e-cigarettes and heated tobacco in the tobacco regime and to increase the sanctions on the public use and advertising of e-cigs and heated tobacco on TV, the internet, social media, the radio and in the press, and allocate the revenues of these fines for the benefit of scientific research in the field of health and treatment of tobacco addiction. Fines would range between MAD300 ($30) and MAD600 ($59) for those who violate the public usage ban.
Serbia: As of 1st January 2023, heated tobacco is subject to a higher tax rate compared to the previous year. Instead of 60% of the minimum excise tax rate per 1,000 cigarettes determined for the category of the weighted average retail price of cigarettes, the producers will be paying 70%. As per the latest government decision, the weighted average retail price of cigarettes is RSD293.14 (€2.50) per pack and the minimum excise tax is RSD173.49 (€1.47) per pack.
Morocco: The centre-right Islamist Justice and Development party proposed a bill to ban the advertisement of heated tobacco and e-cigarettes in public places. The bill, which was referred to the Justice, Legislation and Human Rights Committee of the parliament for further discussion on Friday (6th January) proposes banning the promotion of heated tobacco on TV, on the radio, in the media and in newspapers; in cultural and sports facilities; in government offices and establishments; and in stadiums or during sporting events. Proposed penalties for violations are between MAD500 ($49) and MAD1,000 ($98) with an increase to MAD5,000 ($490) per repeat offence.
Iceland: The Law amending various laws to accommodate the Budget for 2023 was published in the Official Gazette on 30th December 2022. The law amends the Law on tobacco and alcohol tax to increase the applicable excise duty for heated tobacco products and chewing tobacco from ISK30.15 (€0.20) to ISK32.45 (€0.21) per g of tobacco.
Indonesia: On 23rd December 2022, president Joko Widodo issued the list of planned governmental regulations for 2023. Among the proposed regulations, the president has included the revision of Government Regulation (PP) No. 109 of 2012 to include heated tobacco provisions, increase the size of health warnings for tobacco products and broaden advertising restrictions. This revision, now formally envisaged in the government's legislative plans, comes as a result of many years of inter-ministerial discussions and institutional recommendations.
Poland: Following the excise duty amendment that was approved last year, as of 1st January 2023, the excise duty on heated tobacco has increased to PLN342.74 (€73) plus 32.05% of the weighted average price of smoking tobacco. The tax will progressively rise in the following years to PLN377.01 (€80) in 2024, PLN414.71 (€88) in 2025, PLN456.18 (€97) in 2026 and finally stabilising in 2027 at PLN501.80 (€106), while the 32.05% would remain constant. The average price of smoking tobacco, necessary to calculate this tax, will continue being updated annually. For 2023, it amounts to PLN518.38 (€110) per kg.
Romania: Following the amendment to the Excise Duty Act that was implemented in July 2022, as of 1st January 2023, the excise duty on heated tobacco has risen to RON834.63 (€169) per kg. The tax will progressively rise in the following years to RON1,094.93 (€222) per kg in 2024, RON1,146.62 (€233) per kg in 2025 and RON1,198.28 (€243) per kg in 2026.
US - Ohio: Governor Mike DeWine vetoed House Bill 513 last Thursday (5th January), which would have prevented political subdivisions such as cities from banning or regulating the sale of flavoured tobacco products, including e-cigarettes. He also mentioned that he would support a statewide ban on flavoured tobacco.
Maine: A statewide flavour ban has been proposed in the legislative session in Maine, which would ban flavoured tobacco products including e-cigarettes if passed. In December, South Portland enacted a flavour ban, joining the Portland, Brunswick, and Bangor communities. The Maine State Legislature has already begun its session, but the bill has not yet been assigned to a committee, according to the media.
Italy: Parliament approved the 2023 Budget Law on 29th December 2022 which slightly amends the planned increase in heated tobacco excise duty for 2023 and the following years. Heated tobacco products are taxed at 36.5% of the duty on the equivalent quantity of cigarettes in 2023, 38% in 2024, 39.5% in 2025, and 41% in 2026. The ADM has updated the retail prices and excise duties on heated tobacco consumables.
Ukraine: The Antimonopoly Committee has started a case against Philip Morris Sales and Distribution for spreading unconfirmed information about the health risks of using the Iqos system, media reports. The company is suspected of violating Article 151 of the Law "On Protection from Unfair Competition" by spreading unconfirmed information in Ukraine about the lower health risks – compared to cigarettes – of using Iqos products.
9th January 2023 - Asia, Uzbekistan |
Uzbekistan: At the end of December 2022, the Senate approved a new version of the law “On restricting the distribution and consumption of alcohol and tobacco products”, which prohibits the sale of tobacco products, e-cigarettes and alcohol to under-21s, as well as via the internet and vending machines, press reports. The law must now be signed by the president. After that, it will enter into force within three months, and provisions regarding packaging and labelling requirements for tobacco products, tobacco and nicotine consumption devices within a year.
9th January 2023 - Asia, Kazakhstan |
Kazakhstan: Kazakhstan has approved a new minimum retail price for tobacco products, including heated tobacco consumables. As of 1st January 2023, the minimum retail price of a pack of 20 heated tobacco consumables is KZT630 ($1.36).
9th January 2023 - Asia, Philippines |
Philippines: The Department of Trade and Industry published the Rules and Regulations of the Vaporised Nicotine and Non-Nicotine Products Regulation Act in December 2022. The regulations clarify the rules on e-cigarette and heated tobacco products, such as labelling requirements. They will enter into force 15 days after publication in the Gazette or in at least two newspapers of general circulation, which has not yet happened.
