EU legislation currently has no clear category for hybrid devices – which leaves a loophole manufacturers may be able to use to their advantage.
Adding tobacco leaves to a smokeless product may open it up to a degree of interpretation, as an ECigIntelligence report explains in detail.
But there are risks as well as possible benefits for manufactures hoping to make use of this potential legislative loophole, the report says.
Any EU member state could choose not to categorise hybrid products as smokeless tobacco products.
And, according to the Tobacco Products Directive (TPD), a “certain category of tobacco or related products, on grounds relating to the specific situation in that Member State and provided the provisions are justified by the need to protect public health” could be banned – and that could include hybrid products.