France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 81,809 products.
NEW FORMAT
From February of 2022, subscribers will be able to view and filter individual regulatory alerts per region. If you want to get our monthly compilations, visit our alerts Round-up section.
LATEST ALERTS
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Brazil Anvisa holds public meeting on possible e-cig regulation… - France Notified e-cigarette list updated…
- Michigan - United States Bill would put heating element in glass or ceramic…
- Luxembourg ‘Unpaid notification fees mean disposables are illegal’…
- United States SFATA tells FDA too many MDOs risk a black market ‘epidemic’…
- Europe Big firms required to report on environmental impact…
- Portugal Cancer strategy includes e-cig regulation and prices…
- Portugal Nicotine e-liquid tax goes up…
- Egypt Warning against sales without tax stamps…
- Denmark Tax on nicotine-containing e-liquids applies as of today…
- Panama Law banning e-cigs, heated tobacco and more starts today…
- Germany New annually increased e-liquid tax starts today…
Luxembourg: In answer to a parliamentary question about whether the increased use by teenagers of flavoured disposable e-cigarettes, as seen in France, was also occurring in Luxembourg, health minister Paulette Lenert said yesterday that as none of the notification fees for disposables had been paid, their presence on the market was illegal. She added that while it did not currently have usage data on these products, “the Ministry of Health takes the emergence of this type of product very seriously [as] the electronic cigarette in all its forms or variants constitutes a potential health risk”.
EU: EU law requires certain large companies to disclose information on the way they operate and manage social and environmental challenges. The European Council and Parliament have reached an agreement on the rules of the Corporate Sustainability Reporting Directive, which will impact listed EU and non-EU companies operating in the region, with a turnover of more than €150m. Among more detailed reporting requirements, it requires large companies to report on sustainability issues such as environmental, social and human rights and governance factors, and to have their reported sustainability information independently audited.
Portugal: The Directorate-General for Health has launched its 2030 National Strategy for the Fight against Cancer. Among measures proposed are an increase in e-cigarette and tobacco product prices, regulation of ingredients and packaging, and raising the minimum legal purchase age. The document is under public consultation until 29th July.
Portugal: The State Budget 2022, which increases nicotine e-liquid taxes from €0.32/ml to €0.323/ml, entered into force on 28th June.
Denmark: Starting today (1st July), a tax on nicotine-containing e-liquids applies as set out in the Act 2616/2021. E-liquids with nicotine content of up to 12 mg/ml will be taxed at DKK1.5 (€0.20) per ml, while those with nicotine above 12 mg/ml will be taxed at DKK2.5 (€0.34) per ml.
Germany: Starting from today (1st July), e-liquids will be taxed on a base of €0.16 per ml. The tax will see annual increases until 2026. A complaint from the Alliance for Tobacco-Free Enjoyment, an association of small and medium-sized companies, was filed in June in the Federal Constitutional Court (BVG) to prevent future increases in the tax, but so far it has not been analysed.
North Macedonia: Today, 1st July 2022, a new excise duty for e-liquids, regardless of their nicotine presence, enters into force as a result of the annual increase of MKD0.20 (€0.003) every 1st July envisaged in the Excise Law. Therefore, the applicable excise duty is now MKD2.8 (€0.45) per ml.
Hungary: Pursuant to Government Decree 197/2022, the new excise duty applicable to all e-liquids, regardless of nicotine content, starts today, 1st July. As we previously reported, e-liquids will now be taxed at HUF31.5 (€0.08) per ml.
Germany: Today (30th June) is the deadline for e-cigarette manufacturers and importers to submit their annual market data report on e-cigs.
Austria: Manufacturers or importers must pay the relevant annual fee for the notification of common products by today (30th June).
Lithuania: The Ministry of Environment is asking bars, restaurants and clubs to place bins on their premises for the collection of disposable vapour products. These businesses can obtain the bins for free by contacting the Electronics Manufacturers and Importers Association, UAB Ecodumas or Royal Smoke, which also take care of the correct disposal of these items.
Lithuania: The ban on non-tobacco-flavoured e-liquids, introduced by Law XIV-909, will enter into force tomorrow, 1st July. The Drug, Tobacco and Alcohol Control Department (NTAKD) informed ECigIntelligence that manufacturers and importers have to remove non-tobacco-flavoured e-liquids through the EU Common Entry Gate (EU-CEG).
Italy: The research institute Eurispes published a self-regulation code for the sale, marketing and advertising of vapes and heated tobacco products. The code is voluntary and, so far, it has been endorsed by Anafe-Confindustria, Uniecig (retailers association), Tobacconist Italian Federation (FIT), and the companies Logista and Philip Morris Italy.
Netherlands: The Act amending the Tobacco and Smoking Products Act will come into force tomorrow, 1st July, further limiting the advertising of products including e-cigarettes, and banning façade advertising.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 267,980 vapour products. Only products notified at least six months ago are listed.
Belgium: The Superior Health Council has issued an a report on the evolution of e-cigarettes, saying they are less harmful than traditional cigarettes and can be used as a smoking cessation tool – though it stresses that they are not risk-free. The council recommends the government to draw up a list of prohibited additives in e-liquids, extend the notification obligation to nicotine-free vapes, and introduce health warnings for nicotine-free e-cigarettes. It advises against introducing a flavour ban, which it says would be counterproductive, discouraging those who have switched from smoking to vaping.
Hungary: The Hungarian Competition Authority (GVH) yesterday launched an investigation into two Slovak companies selling Elf Bars online. The GVH said: “The companies presumably give the false impression on their websites that the products can be legally marketed, despite the fact that the distance selling of both nicotine-containing and nicotine-free flavoured electronic cigarettes is prohibited in Hungary.” Hungary’s Supervisory Authority for Regulated Activities (SZTFH) recently issued an alert that the sale of Elf Bars, flavoured disposable e-cigarettes, was illegal.
UK: Asked whether the health department is planning to recommend vaping as a substitute for smoking in the upcoming policy papers, Maggie Throup, junior health secretary, reaffirmed that the aim is to maximise the opportunities for smokers to switch to vaping whilst preventing non-smokers and young people from starting to vape.
Bulgaria: A budget bill which would have introduced excise tax on e-liquids will not be voted on after the government was dissolved following a no-confidence vote.
EU: The European Commission Directorate General for Health and Food Safety (DG-Santé) has published a document entitled Healthier Together, on the EU non-communicable diseases initiative, highlighting the control of “tobacco and related products”. The paper lists policies that have proved “effective or promising”, such as product regulation, price increases, warnings, reduced advertising, sponsorship and promotion, and controls on the availability and density of retailers.
Ireland: Senators have urged stricter regulation of e-cigarettes, press reports. In discussions on the Nicotine Inhaling Products Bill, senator Diarmuid Wilson of the Fianna Fáil party said: “We must try to strike a balance between the potential benefits of e-cigarettes for adult smokers trying to quit and the risks that more non-smokers, particularly children and especially young children, will start vaping.” Senator Micheál Carrigy of Fine Gael called for further retail restrictions, including a retail licensing system.
France: The National Agency for Food, Environmental, and Occupational Health Safety (Anses) has published an updated list of notified e-cigarettes, which includes 79,341 products.
EU: The European Commission yesterday launched an initiative to review the Council’s 2009 Recommendation on smoke-free environments. The initiative seeks to extend the recommendation’s coverage to include emerging products and to incorporate additional outdoor spaces. The feedback period is open until 20th July.
Iceland: The final text of the bill amending Law 87/2018 on electronic cigarettes and refills, approved, as we previously reported on, by the Althingi (Iceland parliament) on 16th June, has been made public on the Althingi website today, 22nd June. The final approved text includes a mandatory licence to sell vaping products issued by the Housing and Civil Engineering Institute and an explicit prohibition to advertise e-cigarettes on social media. The bill initially included a flavouring ban, but the provision has been deleted in the final text following the Welfare Committee’s recommendations.
UK: The Intellectual Property Office (IPO) has reported that IP infringement related to e-cigarette products was reported by more than 30% of local Trading Standards Authorities in 2021-2022, far more than in previous years. “This indicates that the market for counterfeit vaping products has transformed during the last four years from a relatively small scale, niche, area of criminal activity into a more significant one,” the IPO said.
Sweden: The Riksdag (parliament) has approved a bill on Stricter rules for new nicotine products, strengthening the restrictions on advertising and marketing e-cigarettes and refills. However, a proposal to ban non-tobacco flavours in e-liquids was rejected, as recommended by the Social Affairs Committee.
France: Following president Emmanuel Macron’s loss of a majority in the National Assembly, with the left-wing alliance led by Jean-Luc Mélenchon taking 131 seats and Marine Le Pen’s far-right Rassemblement National 89 seats, against the 245 held by Macron’s Ensemble! coalition, it will be difficult for the re-elected president to pursue his agenda – which included no proposed change in policy on vaping products. During his unsuccessful presidential campaign, Mélenchon proposed getting tougher on tobacco smuggling, but neither candidate’s manifesto mentioned new nicotine products.
Italy: The Customs and Monopolies Agency (ADM) has updated the list of websites that do not comply with restrictions on advertising and long-distance sales of vapour products. Websites that are still non-compliant on 23rd June will be blocked by the ADM.
Bulgaria: The bill to amend the Budget Law 2022, which proposes to introduce an excise tax for e-liquids, passed the first reading. Vaping products would be taxed at BGN0.18 (€0.092) per ml starting 1st July 2022, BGN0.19 (€0.097) in 2023, BGN0.20 (€0.10) in 2024, and BGN0.21 (€0.11) in 2025.
Iceland: Yesterday, 16th June, the Althingi (Icelandic Parliament) approved the bill amending Law 87/2018 on electronic cigarettes and refills that we previously reported on. The bill envisages a mandatory permit to sell vaping products, and a prohibition to vape in facilities where activities for children and young people take place. The bill's approval has come unexpectedly, as it has been passed in a second and third reading within two days (15th and 16th June), following a three-month period of debate in the Welfare Committee. The Welfare Committee proposed deleting an article that previously set out a flavour ban, but the final text has not yet been circulated and so it is unclear whether or not the parliament has followed the Committee's recommendation.
Sweden: The Riksdag (parliament) Social Affairs Committee has published a report on the bill Stricter rules for new nicotine products supporting the proposed toughening of restrictions on the marketing and advertising of e-cigarette products but rejecting a ban on non-tobacco flavoured e-liquids. The bill will be debated in the Riksdag before a vote on 22nd June.
Germany: The Alliance for Tobacco-Free Enjoyment, an association of small and medium-sized companies, has filed a complaint with the Federal Constitutional Court (BVG) to prevent future increases in e-cigarette tax, press reports. This follows a tobacco tax reform, adopted in 2021, which introduced a tax on e-liquids with or without nicotine from 1st July 2022, increasingly annually until 2026.
EU: Tomorrow, 17th June, is the last day to submit comments on the European Commission initiative to review the current tobacco legislative framework, the Tobacco Products Directive (TPD) and the Tobacco Advertising Directive (TAD). The initiative covers product regulation, advertising, promotion and sponsorship. It aims to assess how far the framework has fulfilled its goals and whether it can support a “tobacco-free generation” by 2040, as announced by the Special Committee on Beating Cancer (BECA).
Denmark: A possible ban on nicotine products is among the topics for discussion today at the Folkemødet (People’s meeting), an open forum for political parties to engage with the public. The discussion, led by the Danish Cancer Society, will feature MP Per Larsen of the opposition Conservative People’s Party. In April, health minister Magnus Heunicke said it would not be possible to implement a proposed ban on access to tobacco and nicotine for those born in or after 2010 due to the terms of the EU Tobacco Products Directive (TPD).
Norway: The Health Directorate has updated its online page on e-cigarettes, which now says the ban on nicotine-containing vapour products is likely to be lifted in 2023.
Hungary: The Supervisory Authority for Regulated Activities (SZTFH) published an announcement today about a new, un-notified brand of flavoured disposable e-cigarettes whose usage is widespread among minors – despite flavoured e-cigarettes being banned in Hungary. The SZTFH says it is cracking down and that in recent weeks it has seized HUF135m ($354,000) worth of Elf Bars.
Netherlands: Market data notification on sales volumes of products in the previous year is required in the Netherlands by 15th June each year.
UK: MP Andrew Gwynne asked health secretary Sajid Javid yesterday whether tobacco lobbyists would have any influence on the government’s overdue tobacco control plan, prevention strategy or planned response to the Khan review? Javid replied that the government was committed to a smoke-free 2030, which was why he commissioned the independent review. “I welcome its findings and we are carefully considering them,” he said.
Austria: Today, 15th June, is the deadline for the submission of e-cigarette notification fees, which should be calculated by the manufacturer or importer and sent electronically to the Austrian Agency for Health and Food Safety (AGES).
Sweden: A report will be published on Thursday, 16th June, after the Social Affairs Committee met today to discuss a bill on Stricter rules for new nicotine products. The bill would ban non-tobacco-flavoured e-liquids and strengthen the restrictions on marketing and advertising of e-cigarettes and e-liquids. Parliament will vote on the proposal on 21st June.
EU: The EU Early Warning System, operated by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) today published its report on New psychoactive substances: 25 years of early warning and responses in Europe. The report, which provides an update on synthetic cannabinoids, warns of an “increase [in some parts of Europe] in reports of the vaping of synthetic cannabinoids using electronic cigarettes”. It adds that “in some cases, individuals are unaware they are using synthetic cannabinoids as the products are mis-sold as containing THC or CBD”.
Switzerland: The Federal Office of Public Health has announced a smoking and vaping prevention campaign aimed at childen and young people under the title “Free. Fair. Futures”.
UK: E-cigarette retailer VPZ has initiated a petition calling on the British government to impose an outright ban on the sale of cigarettes and smoking, and to develop a strategy to help more people switch to vaping. An identical petition has also been submitted in Scotland.
France: The results of yesterday’s first round of voting in the National Assembly elections suggest the second round on 19th June will be a close contest between the left-wing alliance led by Jean-Luc Mélenchon and president Emmanuel Macron’s Ensemble! coalition, which risks losing its present majority. During his unsuccessful presidential campaign, Mélenchon proposed getting tougher on tobacco smuggling and aiming for a “zero tobacco” youth. Neither candidate’s manifesto mentioned vaping products.
UK: Today, the Independent review into smoke-free 2030 policies led by Javed Khan was published. The document lays out proposals for England to achieve a smoking rate of 5% by 2030. The report calls for making e-cigarettes more accessible to those who want to stop smoking, decreasing the VAT rate comparable to those for nicotine products, and addressing the high cost of licensing vape products with the Medicines and Healthcare products Regulatory Agency (MHRA). It also states that there is a need to strike a balance between allowing the retailers to promote vaping for smoking cessation and giving free samples to school children.
UK: At today's meeting of the Environment and Climate Change Committee, the state secretary for environment, food and rural affairs – George Eustice – said that vaping helped people in smoking cessation when discussing consumers' changes in behaviour.
Italy: The Ministry of Health issued a decree that introduces fees for the notification of e-liquids and devices which amount to €327.85 for every new notification and to €108.23 for every substantial modification. Additionally, importers and manufacturers will have to pay an annual fee of €293.53 for the market data notification. The decree also imposes a retroactive collection of fees for all notified products from 20th November 2016; importers and manufacturers must pay those by the end of July 2022. We could expect to see appeals of the decree to the Administrative Tribunal of Lazio (TAR Lazio).
Lithuania: The Drug, Tobacco and Alcohol Control Department (NTAKD) informed ECigIntelligence that manufacturers and importers will have to remove non-tobacco e-liquids from the EU Common Entry Gate (EU-CEG) portal starting 1st July 2022.
Bulgaria: The Ministry of Finance presented to the National Assembly a bill to amend the Budget Law 2022, which aims to introduce an excise tax for e-liquids. Vaping products would be taxed at BGN0.18 (€0.092) per ml starting 1st July 2022, BGN0.19 (€0.097) in 2023, BGN0.20 (€0.10) in 2024 and BGN0.21 (€0.11) in 2025.
Hungary: Government Decree 197/2022 was published in the Official Gazette on 4th June. The Decree sets out a new applicable excise duty for all e-liquids, regardless of the nicotine content, of HUF31.50 (€0.081) per ml from 1st July 2022 until 31st December 2022. From 1st January 2023, the excise duty will be HUF33 (€0.085) per ml.
Italy: The Customs and Monopolies Agency (ADM) enacted a circular stating that VAT does not have to be paid by manufacturers and importers upon purchasing excise stamps from the ADM.
Lithuania: The Ministry of Health told ECigIntelligence that the ban on non-tobacco flavours will cover both nicotine-containing and nicotine-free e-liquids. The ban will enter into force on 1st July 2022.
EU: Yesterday was the last day of the public consultation to submit evidence "on the review of EU rules restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive)", which is one of the means to achieve the objectives of the European Green Deal. However, the European Commission has decided to extend it until 16th June.
Romania: The government is planning to increase the excise duty on nicotine-containing e-liquids by 12.3%, press reports. From July 2022, the excise duty will increase from RON0.57 (€0.12) to RON0.64 (€0.13).
Sweden: The Ministry of Finance has presented to the parliament Bill 2021/22:245, which aims to increase e-liquid excise duties by 1% starting in 2024. Therefore, highly concentrated e-liquids (from 15 to 20 mg/ml) would be taxed at SEK4,040 (€385) per l, and other e-liquids at SEK2,020 (€193) per l.
Estonia: The Health Board has updated the list of notified e-cigarette products, which contains 39,953 vapour products.
Portugal: Ordinance 154/2022, published today (2nd June), set new rules for smoking rooms. Only restaurants, bars, nightclubs and other establishments that occupy at least 100 sq m and have a ceiling height of at least 3 m will be allowed to have smoking areas. The spaces must not exceed 20% of the area dedicated to customers. The requirements include the use of vaping and heated tobacco. The ordinance comes into force on 1st January 2023.
EU: Today, 2nd June, is the last day of the public consultation to submit evidence “on the review of EU rules restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive)” in order to achieve the objectives of the European Green Deal.
Slovenia: The National Institute of Public Health yesterday (31st May) published an article in the context of the World No Tobacco Day, also celebrated yesterday. In it, electronic cigarettes are addressed as products “designed to attract young people in particular, mainly due to attractive aromas, new technologies, greater social acceptance, intensive promotion in various media and social networks, erroneous beliefs about the safety of use, etc”. The article also alerts on the increasing prevalence of usage of these products, calling this prevalence “worrying data”.
UK - Guernsey: Guernsey’s health commission is calling for increased control of e-cigarette sales aligning the local framework with the UK one, press reports. Grace Lindsay, Guernsey’s tobacco harm reduction officer, pointed out that they have no control over the products sold on the island. “If we don’t have regulations in place, it means we have no way of knowing what products are in what is being sold,” she said.
UK - Scotland: Several organisations – ASH Scotland, the Marine Conservation Society, Zero Waste Scotland, Scottish Water, and Keep Scotland Beautiful – have raised the issue of the environmental (polluting) impact of vaping and smoking, press reports. For World No Tobacco Day, which was yesterday (31st May), the organisations urged Scots to properly dispose of cigarettes, vaping paraphernalia and packaging after use. Sheila Duffy from ASH Scotland said: “We are also increasingly concerned about the noticeable escalation of littering and pollution risks caused by discarded single-use disposable vaping products that contain single-use plastics as well as toxic chemicals and battery components.”
Spain: The National Committee for the Prevention of Smoking (CNPT) has urged the government to implement the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025 and the consequent amendment of the Tobacco Law, press reports. The committee believes that e-cigarettes should be equated to tobacco products. The president of the committee said that their objective is to achieve a tobacco- and nicotine-free generation by 2040.
France: Public Health France has launched a platform called “Employers for Health”, which provides employers with data and tools for smoking prevention and health promotion in the workplace. The platform will allow employers to implement a smoking-prevention policy and improve employees’ health and well-being.
Spain: The Council of Ministers has not yet approved the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025, reducing the chances of the plan being enforced during this legislature, press reports. The government failed to fulfil its promise to make a decision on this plan at the Council of Ministers on International Tobacco Day, which was yesterday, 31st May. The chances of enforcing the plan, which would require amending the tobacco law and other regulations, are reduced with every passing week, as the 2023 elections approach. If approved, the plan would impose further restrictions on e-cigarettes, and they would be subject to an excise tax duty. Also, plain packaging restrictions are envisaged.
Lithuania: The National Agenda on Drug, Tobacco and Alcohol Control, Prevention of Drug Use and Drug-Related Harm Until 2035 – drafted by the Ministry of Health and the Drug, Tobacco and Alcohol Control Department (NTAKD) – was presented to the parliament for approval. The plan aims to reduce tobacco and tobacco-related product supply by implementing coherent and consistent policies based on scientific studies, improving excise duty policies, raising awareness of the negative consequence of tax leakage due to smuggling on the public budget, and regulating emerging products promptly and strengthening advertising restrictions. The NTAKD confirmed that the Agenda will be voted by the parliament during the spring session, which ends on 30th June.
Italy: The Higher Institute of Health (ISS) published a report on tobacco consumption for World No Tobacco Day 2022. The report found that the smoking and vaping population has increased since 2019, with traditional cigarette usage increasing to 24.2%, e-cigarettes to 2.4% and heated tobacco to 3.3%. Silvio Brusaferro, president of the ISS, said that the increase in the smoking population detected by the report raises concern. He also added that it is important to activate prevention measures starting with the youth to ensure a longer life, with less disability and better quality.
Denmark: Today, the Danish Safety Technology Authority (DSTA) called on retailers to ensure they follow the rules when selling e-cigarettes. In 2022, the authority reported 33 retailers to the police for non-compliance with the registration and retail requirements. The number of violations is much higher than last year. "We perform both physical and online inspections, as a large part of the trade in e-cigarettes takes place online. It is of course the same for all dealers that they must live up to the requirements for registration, both of companies and of products," says Søren Assenholt Muff from the DSTA.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 262,404 vapour products. Only products notified at least six months ago are listed.
EU: Today, coinciding with World No Tobacco Day, marks the end of the European Week Against Cancer with a focus on tobacco control. This year, the group MEPs Against Cancer released a message saying "@MAC_MEPs are committed to accelerating the implementation of #EUCancerPlan, ensuring the Plan works well for #cancer patients, survivors, caregivers & EU citizens". On the subject of tobacco, MEP Trillet Lenoir – the European Parliament's BECA Plan rapporteur – issued the following message: "We need to build on the momentum provided by #EUCancerPlan to build a #tobacco-free generation & focus on #cancerprevention".
Austria: Today, 31st May, is the deadline for the submission of market data notifications for manufacturers and importers via EU-CEG.
Czech Republic: Market data notification for e-cigarettes is required by 31st May each year in the Czech Republic.
Austria: Health minister Johannes Rauch told the press that a National Tobacco and Nicotine Strategy will be presented in the autumn. Although e-cigarettes were not mentioned, he said that the strategy will be very broad, including all new products in addition to conventional tobacco. Further details about the strategy weren't presented.
Spain: The Spanish Society of Pulmonology and Thoracic Surgery (SEPAR) has warned that e-cigarettes and heated tobacco products are not safe and are not effective as a harm reduction method, press reports. SEPAR has referred to the risks associated with those products in a paper, and in the conclusions it affirms that harm reduction strategies are not useful tobacco control methods. It also concluded that despite having less harmful ingredients than conventional tobacco, heated tobacco and e-cigarettes do not necessarily cause less harm.
France: Senator Francoise Ferat, from the Centrist Alliance, submitted a written parliamentary question to the minister for ecological transition and territorial cohesion about disposable e-cigarettes. She asked whether the government is considering a ban on the sale of such products since, according to the senator, they encourage consumption and increase the volume of waste in the environment.
EU: New rules that "increase protection for EU consumers in several areas such as purchases through online marketplaces, transparency of price personalisation and ranking of online offers and consumer rights when using ‘free’ online services" will apply from tomorrow, 28th May 2022.
Portugal: Parliament has voted positively on the new State Budget 2022, which increases nicotine e-liquid taxes from €0.32/ml to €0.323/ml.
Georgia: Solomon Pavliashvili, the deputy minister of environment and agriculture, has held a large-scale meeting with manufacturers and importers of batteries and electronic equipment, discussing the deadline for the implementation of technical government regulations adopted on 25th May 2020, on waste management of electrical and electronic equipment and waste management of batteries and accumulators, which is to be 1st June this year, media reports. We believe these regulations may potentially influence the heated tobacco and e-cigarette devices sectors.
UK: Javed Khan, who has been tasked by the government to to head an independent review into tobacco control, has tweeted that the presentation of the review to the government, originally scheduled for yesterday, 25th May, has been postponed until June.
Spain: More than 85% of Spaniards would be in favour of more restrictive regulation of tobacco products and 72% would ban smoking on restaurant and bar terraces, press reports. The survey was conducted by the Spanish Society of Family and Community Medicine (semFYC). Susana Morena, coordinator of the Smoke-free week (a campaign organised by semFYC) said the restrictions on smoking should be extended to e-cigarettes and tobacco-heating devices. She said there was a false perception among young people that such products were less dangerous.
EU: The European Commission published on Friday, 20th May, an initiative to evaluate the EU’s legislative framework for tobacco, covering product regulation, advertising, promotion and sponsorship. It aims to assess how far the framework has fulfilled its goals and whether it can support a “tobacco-free generation” by 2040, as announced by the Special Committee on Beating Cancer (BECA). The initiative, which will help the Commission decide whether the EU approach should continue or be amended, is now open for feedback until 17th June.
Ireland: The Health Service Executive (HSE) has issued an alert against certain disposable products. The alert recalls disposable e-cigarettes from the Aroma King brand that are non-compliant with EU tobacco legislation. The list of the products recalled can be found on the HSE's website. The products were found to contain more than the permitted amount of nicotine (20 mg/ml or 2%).
Netherlands: The Ministry of Health, Wellbeing and Sports recently told ECigIntelligence that legislation prohibiting e-cigarette flavours is currently being prepared. The ministry also noted that the publication of this legislation for internet consultation is anticipated for this summer, and it is then expected to come into effect in early 2023. The ministry wants to allow 23 flavours for e-cigarettes that taste like tobacco. The National Institute for Public Health and the Environment (RIVM) has investigated whether these 23 flavourings are harmful to health and the research showed that seven could have harmful health effects, so the RIVM is proposing to ban them. According to the RIVM, there is not enough information for the other 16 flavourings to assess the health effects. It has suggested two options: either those 16 substances could also be banned, or they will be allowed because they would help smokers to quit smoking.
EU: On behalf of the European Commission (EC), Stella Kyriakides, commissioner for health and food safety, answered a parliamentary question – submitted by Sara Skyttedal – on the role of new nicotine products in reducing cigarette consumption and on snus’ legal status. The commissioner said that the EC is determined to follow up on the most robust scientific evidence in establishing a regulatory approach fully reflecting the objectives of Europe’s Beating Cancer Plan. She said that the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER)’s scientific opinion on e-cigarettes found supporting evidence for the harmful consequences of e-cig consumption and weak evidence for their effectiveness in helping smokers to quit. She also added that smokeless and emerging tobacco and related products containing nicotine prolong nicotine addiction and that the Commission does not envisage any change to snus status.
EU: The EU Commission regularly reviews the list of hazardous substances restricted in electrical and electronic equipment. Following a technical assessment, an EU initiative "proposes adding tetrabromobisphenol A (TBBP-A) and medium-chain chlorinated paraffins (MCCPs)"– which are used as flame retardants in electronic devices – "to the list of restricted substances", following feedback on the draft act recently published. The Commission expects to publish a final proposal in Q4 2022.
EU: This morning, the Directorate-General for Taxation and Customs Union (DG TAXUD) of the European Commission held a stakeholder event on tobacco taxation to receive feedback on the upcoming impact assessment for the review of the Tobacco Excise Directive (TED). Officers stated that the Commission will adopt a proposal in “the first part of Q4 2022” and the impact assessment will be presented “soon”. In addition, they reiterated that the revision is triggered by the “the emergence of new products, such as e-cigarettes, heated tobacco products and new addictive products that reveal the limits of the current legal framework”, as well as the EU’s market fragmentation, illicit trade and low cigarette taxes. Officers also stated that the review intends to be guided by the need to preserve the integrity of the internal market and citizens' health.
Spain: ECigIntelligence has been given access to the draft bill on the tobacco market that the Council of Ministers approved last week. In this draft, the government proposes that e-cigarettes will be sold only at tobacco shops in five years. The draft will be subject to parliamentary scrutiny in the following months. If the draft is eventually approved, retail shops that want to continue selling e-cigarettes in the next five years will have to notify the Commissioner for the Tobacco Market within six months after the bill enters into force.
UK: The UK Vaping Industry Association (UKVIA) has called for more control over e-cigarette sales in order to clamp down on selling to under-age consumers. According to UKVIA, retail licences should be required, a fine for selling to under-18s raised to £10,000, and enforcement increased. The call comes following reports of under-age sales of disposable vape products in Scotland.
EU: The Ecodesign for Sustainable Products Regulation, a legislative EU development aimed at changing the way products are designed and manufactured, is entering a decisive phase known as the trialogue. In this phase, the EU Council will start negotiations among the 27 member states’ ministers of industry, as well as the EU parliament and European Commission. Environmental organisations, however, are demanding that the negotiations be carried out by ministers of the environment instead, saying that otherwise “the primary environmental goal of the regulation will not be properly prioritised”. These regulations will likely affect all electronic devices and will focus on “product durability, reusability, upgradability and reparability” as well as requirements such as a digital product passport, bans on certain substances, and a requirement to use a proportion of recycled materials.
EU: The Directorate-General for Taxation and Customs Union (DG TAXUD) has scheduled a meeting, “Stakeholder event on tobacco taxation”, for 18th May to “give interested parties the opportunity to present their views on the latest developments in the area”. In addition, on 13th May the EU’s transparency portal updated its list of documents related to the Indirect Tax Expert Group (E00956), releasing the agenda of the meeting held on 4th May. ECigIntelligence is in the process of obtaining more information about what was discussed during the meeting.
Slovenia: Today, the minister of health officially presented via press conference the adopted Strategy for Reducing the Consequences of Tobacco Use - For Slovenia without Tobacco 2022–2030. As we previously reported, the policy paper calls for the urgent enactment of legislation that extends plain packaging to e-cigarettes, raises the minimum age for the purchase of e-cigarettes to 21, and bans flavoured vapour products, among others.
Spain: The Council of Ministers has approved the draft law on the tobacco market and related products. This regulation aims to fight the illicit trade of tobacco products and guarantee the safety of consumers. It aims to progressively equate e-cigarettes with conventional cigarettes and it states that within five years e-cigarettes will only be sold at tobacconists. The draft has not yet been made public.
Lithuania: The Seimas (Lithuanian parliament) has rejected a bill that aimed to postpone the entry into force of a flavour ban to 1st July 2023. Therefore, starting 1st July 2022, non-tobacco-flavoured vaping products will be prohibited on the market.
UK: Javed Khan, who has been tasked by the government to head an independent tobacco review, stated that he will present his recommendations to the government on 25th May 2022 at 3pm.
Sweden: The Social Affairs Committee will discuss tomorrow the bill "Stricter rules for new nicotine products" (2021/22: 200), which proposes to ban non-tobacco-flavoured e-liquids and strengthen the restrictions on e-cigarette and refill container marketing and advertising. This bill was proposed by the government following a public consultation on the regulation of tobacco, e-cigarettes and tobacco-free nicotine products conducted between February 2020 and March 2021.
Belgium: Last week, the Chamber of Deputies approved a bill to ban smoking – including e-cigarettes – on station platforms, starting 1st January 2023.
Italy: On 31st May, the Center of Excellence for the acceleration of Harm Reduction (CoEHAR) will hold the first Italian conference on tobacco harm reduction, called "Risks and benefits of smokeless products". The aim of the conference is to analyse all published research in the field of tobacco harm reduction in order to produce a single document that can become an authoritative reference for the definition of effective public health policies to help smokers quit.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 78,167 products.
Georgia: Before 1st September 2022, the parliament is planning to amend the Law on Tobacco Control. It intends to introduce health warnings on packs and notification requirements for tobacco products, media reports. As nicotine-containing e-cigarette products and heated tobacco products fall under the definition of tobacco products in Georgia, we believe that such requirements would be applicable to them.
Sweden: The right-wing Sweden Democrats, the Centre Party and the Left Party have all presented motions against the government’s proposed Stricter rules for new nicotine products (Proposition 2021/22: 200), questioning the suggested ban on non-tobacco-flavoured e-liquids. The parties say banning flavours would make it harder for people to switch from smoking to a less harmful alternative and that a market study on the consequences of such a ban should be undertaken.
Sweden: The Public Health Agency has updated the publicly available list of notified e-cigarettes and refill containers, which contains 11,909 vapour products.
Lithuania: In accordance with the amendments introduced by the Law XIV-295 of 13 May 2021 to the Law on Tobacco Control of Tobacco, Tobacco Products and Related Products, the definition of an e-cigarette has changed as of 1st May 2022 and nicotine-free e-cigarettes are equated to those with nicotine. This means that nicotine-free e-cigarettes are now subject to the same requirements and restrictions as e-cigarettes with nicotine.
Estonia: The Health Board has updated the list of notified e-cigarette products, which contains 42,965 vapour products.
Germany: The second and final day of the seminar “Opportunities and risks of e-cigarettes" from The Federal Institute for Risk Assessment (BfR) was today. Among other things, the debate was held on the risk assessment and the banning of flavours, in which the BfR stated that it is currently assessing the toxicity of e-cig flavours.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 257,600 vapour products. Only products notified at least six months ago are listed.
UK (Scotland): The government consultation about restricting the advertising of e-cigarettes closed yesterday. The consultation revolved around imposing a ban on advertising on billboards and bus shelters, free-sampling, sponsorship and brand sharing – where the logos and/or colours of a particular product are used on an unrelated product for promotional purposes.
Czech Republic: The Ministry of Health has updated the publicly available list of notified herbal products for smoking, e-cigarettes and refill containers.
UK: Yesterday, 26th April 2022, a Westminster Hall debate on the progress of the government's Smokefree 2030 ambition took place. The MPs expressed concern about vaping among young people, but also raised the importance of providing information to smokers about its reduced harm compared with traditional tobacco. Maggie Throup, junior health secretary, said: "It remains the Government’s goal to maximise the public health opportunities presented by vapes while ensuring that such products are not appealing to young people and non-smokers."
EU: EU officials have told ECigIntelligence that at present there are no planned or proposed measures to phase out non-rechargeable portable batteries. However, a possible ban on single-use batteries under the revision of EU rules on batteries and waste – which would affect disposable products such as pods – is expected to be examined by 31st December 2027, when the Commission assesses the feasibility of such a measure and submits a recommendation to the European Parliament and Council.
UK: In response to a parliamentary question, junior environment minister Jo Churchill said no specific assessment had been made of the number of vape pens that go to landfill. She reiterated that the government plans to consult on reforms to the Waste Electrical and Electronic Equipment Regulations later this year.
UK: A Westminster Hall debate will be held tomorrow, 26th April, on the progress towards the government’s smokefree 2030 ambition.
Netherlands: The Ministry of Health, Wellbeing and Sport has confirmed to ECigIntelligence that legislation to prohibit e-cigarette flavours other than tobacco flavour is being prepared and should be published for consultation this summer. The new law, expected to come into effect in early 2023, will allow a limited list of taste-determining additives.
UK: Health secretary Sajid Javid has told Parliament that the independent review of tobacco control, headed by Javed Khan, should be published in May.
Germany: The Federal Institute for Risk Assessment (BfR) will hold a seminar on “Chances and risks of e-cigarettes” in Berlin and online on 28th and 29th April. The event aims to discuss the current state of knowledge on e-cigarettes, including flavouring and consumer protection.
Finland: The Ministry of Social Affairs and Health has confirmed to ECigIntelligence that an amendment to the Tobacco Act was yesterday approved by president Sauli Niinistö. The amendment introduces uniform packaging for e-cigarettes from 1st May 2023 and extends smoke-free and vape-free environments from 1st May 2022.
Netherlands: The e-cigarette flavour ban that was to be introduced on 1st July has been put back six months, the trade association Esigbond reports. The ban will only allow sales of tobacco-flavoured vaping products. Its postponement comes after the National Institute for Public Health and the Environment (RIVM) drew up a list of approved flavourings, which Esigbond says included two – isophorone and pyridine – that are known to be carcinogenic.
Portugal: Following the rejection by Parliament of the first State Budget, prime minister António Costa’s new government today presented a new Budget, with a proposed 1% increase in tax on nicotine e-liquids, from from €0.32 to €0.323 per ml still intact. Parliament still needs to approve the new budget, which is expected to happen by the end of May.
Italy: The Council of State will hold a hearing on 21st June on the fate of e-liquids without tax stamps that remain unsold, media reports. In January, following a lawsuit filed by e-cigarette manufacturer Smooke France in July 2021, the Regional Administrative Tribunal (TAR) of Lazio overturned a Customs and Monopolies Agency (ADM) circular from March 2021 which ordered the disposal of all e-liquids without tax stamps from 1st January 2022; the ADM then appealed against that decision to the Council of State, Italy's highest administrative court.
Netherlands: The vape stores’ trade association Esigbond has complained about sales of illegal disposable e-cigarettes in non-specialist shops, markets and online, media reports. It warns that these products are unregistered, often have too high nicotine levels, and lack Dutch health warnings on the packaging. It says the products are being promoted on social media and calls for their sale to be stopped immediately.
UK: Westminster City Council and the Metropolitan Police have seized 4,500 disposables with excessive nicotine levels and 420 counterfeit e-cigarettes from a souvenir shop in London’s Oxford Street, press reports.
UK: The Medicines and Healthcare Products Regulatory Agency (MHRA) has said that while there has been much interest from companies that wish to achieve regulatory approval, no new licence applications for e-cigarettes have been submitted, media reports. In October, the authority announced its intention to encourage the licensing of e-cigarettes as medicines and to support companies to submit marketing authorisation applications. E-cigarettes regulated as medicines may contain higher nicotine levels (more than 20 mg/ml) and e-liquid volume (more than 2 ml for single-use cartridges/disposables, and more than 10 ml for refills).
Spain: The Spanish parliament has passed the "waste and contaminated soils" bill. The bill imposes restrictions on plastic packaging that may affect the e-cigarette industry. For example, single-use plastics (in which pods and e-liquid containers could be included, although the bill does not mention them specifically) will have to be marked as such on their packaging. The bill also intends to reduce the sale of single-use plastics by 50% in weight by 2026 and 70% by 2030. The act will enter into force once it is published in the state Official Bulletin.
UK: A plastic packaging tax that applies, among other things, to plastic protective film around a box, has entered into effect. A tax rate of £200 per metric tonne applies to plastic packaging that is manufactured or imported and does not contain at least 30% recycled plastic.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 76,309 products.
Bulgaria: The Council of Ministers has agreed to introduce an excise duty for vaping products in order to cut usage, media reports. The exact figures have not yet been released, but the new tax is planned to come into force in July.
Italy: The Customs and Monopolies Agency (ADM) has issued a circular listing the new excise duty rates on e-liquids that apply until the end of the year. As of 1st April, nicotine-containing liquids will be subject to duty of €0.131303 per ml, while the rate for those without nicotine is €0.087535 per ml.
Belarus: The resolution of the Council of Ministers introduces a mandatory conformity assessment by the National System of Conformity for nicotine-containing e-liquids and e-cigarettes with liquids as of today. The resolution imposes limits on nicotine concentration of 20 mg/ml, tank size volume of 2 ml and on refill volume of 10 ml. It also introduces mandatory labelling.
Finland: The Ministry of Social Affairs and Health has told ECigIntelligence that the amendment to the Tobacco Act, which was recently approved in the second reading in the parliament, is currently waiting for the president's approval. The amendment aims, among other things, to introduce standard packaging for e-cigarettes and seeks to extend smoke-free environments. If approved, it envisages different dates for its entering into force.
UK: Junior health minister Maggie Throup told MPs during a debate on “Smoke-free England” that the government’s tobacco control plan would be published later this year. She added: “The new plan will set out a comprehensive package of new policy proposals and regulatory change.”
Lithuania: The Ministry of Health, along with the Drug, Tobacco and Alcohol Control Department (NTAKD), has presented a draft National Agenda on drug, tobacco and alcohol control, prevention of drug sse and drug-related harm up tol 2035 to the Seimas (parliament) Committee for Addiction Prevention. The plan aims to reduce the supply of tobacco and related products through policies based on scientific studies, improving excise duties, raising awareness of the effects of smuggling on the public budget, regulating emerging products promptly, and strengthening advertising restrictions.
Spain: The Ministry of Health has told the press that a draft amendment to the tobacco control law will shortly be finalised. Although the exact content of the proposal is not yet known, it is expected to include a ban on the use of tobacco products, including heated tobacco and e-cigarettes, in places such as outdoor terraces, beaches, and in private cars. It is also reported that plain packaging is to be introduced, although it is unclear for which products. It remains uncertain what other restrictions might be applied to heat-not-burn (HnB) products and e-cigarettes and whether nicotine pouches are to be included. Lastly, the press reports that prices will be raised, however, it is again unclear which products will be affected.
EU: The European Commission has launched an initiative to evaluate the progress made under Directive 2012/19/EU on waste electrical and electronic equipment, which applies to e-cigarette devices. The Commission’s recommendations are planned for adoption in the third quarter of 2023.
Switzerland: Stakeholders have until tomorrow to comment on the Federal Council consultation on a partial revision of the Tobacco Tax Act, which would set a tax on e-liquids 77% lower than that on combustible cigarettes. The Federal Department of Finance told ECigIntelligence it would revise the preliminary draft based on the results of the consultation. The draft will then be discussed in Parliament. The changes are not expected to come into force before mid/late 2023.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 254,020 vapour products. Only products notified at least six months ago are listed.
EU: The European Commission is scheduled to launch the EU’s “Sustainable products initiative” tomorrow, 30th March, as Commission adoption is planned for the first quarter of 2022. This initiative potentially affects electronics used in nicotine and tobacco products. It “aims to make products placed on the EU market more sustainable [...], durable, reusable, repairable, recyclable, and energy-efficient”. Among its main aims is to make companies focus on extending the products’ life cycle and to demand that companies disclose and report certain information.
UK: The Department of Health and Social Care (DHSC) has published its eagerly awaited Post-Implementation Review of Tobacco Legislation. It says the government will consider changes to the Tobacco and Related Product Regulations as part of its plans towards meeting its Smokefree 2030 ambition, but recommends, on the basis of the evidence reviewed, that the current regulations should remain in force. The consultation responses on one side suggested amendments to e-cigarette packaging to promote them as less harmful than smoking, along with increases in allowed e-liquid bottle and tank sizes, and nicotine strength. On the other side, some respondents wanted stronger packaging designs and colours to deter youth use. The new Tobacco Control Plan is yet to be published, but following this no major changes to the vaping framework can be expected.
Belgium: The Federal Public Health Service (FPS) for Health, Food Chain Safety and the Environment has told ECigIntelligence that the draft 2022-2028 Interfederal Strategy for a Tobacco-Free Generation presented last week at the Interministerial Conference on Public Health (CIM Santé) will be supplemented by a series of operational objectives and the goal is to have a complete strategy adopted in autumn.
UK: Trading Standards Sandwell have seized more than 1,600 illegal disposable vapes from two shops. Non-compliant products exceeded the maximum volume of 2 ml and instead contained between 4.5 ml and 9 ml of e-liquid. The Sandwell Council warned: “Look out for products that don’t meet legal requirements such as Vapeman, who have not been authorised for sale in the UK. Retailers should remove these products from sale and return them to the supplier.”
Spain: The government’s delegate for the National Plan on Drugs, Joan Ramón Villalbí, has expressed some concern over e-cigarette use among teenagers, press reports. The National Plan on Drugs is an initiative from the Ministry of Health aimed at coordinating and promoting drug policies carried out by the different public administrations in Spain. Villalbí said that, according to a survey on the use of drugs among secondary school students, almost half of Spanish teenagers have tried vaping at least once. “It is possible that many of those teenagers who tried vaping did so because they borrowed an electronic cigarette from a friend,” he added, “but this still makes us think.”
Finland: On 16th March, the parliament approved the content of the amendment to the Tobacco Act. The second reading of the bill has ended. The amendment aims to introduce standard packaging for e-cigarettes and seeks to extend smoke-free environments, among other things. If adopted, it envisages different dates for its entering into force.
UK: Lancashire County Council reported yesterday that Trading Standards had carried out inspections of vape shops in response to a huge increase in the number of complaints relating to under-age sales. One shop owner was fined £166 by a court and ordered to pay £275 in costs after two volunteers, aged 15 and 16, were able to make successful test purchases. The shop assistant who sold the products was also fined. Similar actions have been carried out recently in other parts of the country.
Belgium: The General Drug Policy Unit (CGPD) yesterday presented the draft of the 2022-2028 Strategy for a Tobacco-Free Generation during an interministerial conference on public health. The plan, which includes vaping, sets several objectives, such as: removing tobacco industry interference from the preparation and implementation of public health policies, improving health promotion policies, a ban on vending machines, tightening restrictions on long-distance sales and advertising, and improving the make-up of vapour products.
Netherlands: The Netherlands Food and Consumer Product Safety Authority (NVWA) has confirmed to ECigIntelligence that in general it is still allowed to print the names of flavours on the packaging of e-liquids and pods. However, it offered a reminder that flavours will soon be banned in the Netherlands.
UK: Conservative MP Bob Blackman today called on the government to raise the purchasing age for tobacco products from 18 to 21 and introduce a “polluter pays” levy on Big Tobacco in order to achieve the smoke-free 2030 targets and to raise funds for smoking cessation services. Prime minister Boris Johnson agreed that smoking was a number one cause of preventable deaths and said that Javed Khan, who is currently reviewing tobacco policy, would take Blackman’s proposals into account.
Iceland: A bill amending Law 87/2018 on e-cigarettes and refills, which we have reported on, has been approved at its first reading in the Althingi (parliament). In addition to banning “flavours that may appeal to children, such as sweet and fruit flavours”, the bill includes a mandatory licence to sell vaping products, issued by the Housing and Civil Engineering Institute, and a ban on vaping on education premises. The bill now moves on to the Welfare Committee, which could propose amendments.
Spain: The association Nofumadores.org (non-smokers.org) has asked the government to prohibit the sale of tobacco and electronic cigarettes to anyone born after 2007 so that once they turn 18 they cannot buy those products and become addicted, press reports. More than 20 associations support this measure. Nofumadores.org has also accused the Ministry of Health of not being harsh enough with the tobacco industry.
UK: David Jones, Conservative MP from Clwyd West in Wales, asked the health secretary what steps the department is taking to help ensure small convenience stores adhere to age-verification standards for the sale of e-cigarettes and what assessments have been made of the effectiveness of the enforcement measures. Maggie Throup, Conservative parliamentary under-secretary for health, said that the government provides funding to local authorities who allocate them to local service, including for combating the under-age sale of e-cigarettes. She pointed out that the department also commissioned the Chartered Trading Standards Institute to publish annual tobacco control surveys on trading standards activities. Throup said: “We believe that the current enforcement measures are proportionate. However, we will continue to monitor the evidence regarding under-age or illegal sales.”
Sweden: The public consultation on a proposal to increase excise duties on e-liquids ends today, 18th March. The Ministry of Finance proposed an increase of 1% on e-liquids excise duties from 2024; therefore, highly concentrated e-liquids (from 15 to 20 mg per ml) would be taxed at SEK4,040 (€387) per l, while other e-liquids at SEK2,020 (€194) per l.
UK: Trading standards for Bournemouth, Christchurch and Poole (BCP) has announced results of inspections of under-age sales of e-cigarettes, revealing that more than half of the shops visited by trading standards are illegally selling vaping products to minors. Two 14-year-old volunteers were sold disposable vape in three out of five premises across BCP without being asked for any proof of age during the undercover operation in February. Officers also found that none of the e-cigarettes sold to the children complied with the legal requirements, and one of the products is suspected to be counterfeit.
Czech Republic: The Ministry of Health has updated the publicly available list of notified herbal products for smoking, e-cigarettes, and refill containers.
Switzerland: Answering a Federal Council consultation on possible e-cigarette taxation, the Swiss Tobacco Prevention Working Group has demanded that the tax should apply not only to e-cigarettes, but to all tobacco and nicotine products, based on nicotine content. They say products that are already taxed, such as heated and oral tobacco, should face an increase. The consultation is open until 31st March.
Denmark: Health minister Magnus Heunicke announced yesterday, 15th March, that the government plans to ban access to tobacco and nicotine products to anyone born in or after 2010. This is part of the new government’s health reform plan to “Make Denmark Healthier”, which aims to tackle health inequalities.
Austria: Today, 15th March, is the deadline for the annual reporting of e-liquid ingredients and emissions by brand name and product type. The information must be provided to the Austrian Agency for Health and Food Safety (AGES) through the EU Common Entry Gate.
EU: The EU Parliament has approved, by 584 votes to 67, a proposal to overhaul European rules on batteries, which will now have to be negotiated with member states’ national governments. Rapporteur Simona Bonafé, of the Socialists and Democrats group, said: “The Battery Regulation lays down a holistic set of rules to govern an entire product life cycle, from the design phase to end-of-life,” with the aim of introducing “new sustainability standards that should become a benchmark for the entire global battery market”. It includes an obligation to design batteries that are easily replaceable and recyclable.
Germany: The Federal Council (Bundesrat) sent a bill to the national parliament (Bundestag) to amend the Federal Non-Smoking Protection Act to ban smoking in closed vehicles in the presence of children and pregnant women. Violation would incur a fine of between €500 and €3,000. Although e-cigarettes are not specifically mentioned, the federal government has declared in the past that e-cigarettes fall under the Act. The Bundestag will decide whether to accept the proposal. There is no deadline for the decision.
Finland: On 9th March, the parliament approved the content of the amendment to the Tobacco Act in accordance with a report by the Committee on Social Affairs and Health. The first reading of the bill has ended. The amendment aims, among other things, to introduce standard packaging for e-cigarettes and seeks to extend smoke-free environments. If adopted, it envisages different dates for its entering into force.
Estonia: The Tax and Customs Board has informed EcigIntelligence that it collected €358,195 in e-liquid taxes in 2021. The excise duty on e-liquids was suspended from April 2021 until December 2022.
France: British American Tobacco (BAT) has been ordered by a Paris court to pay a fine of €100,000 for illegal advertising of its vaping products on the internet and via social media following a charge brought by the National Committee Against Smoking (Comité National Contre Tabagisme, CNCT) and DNF-For a Zero Tobacco World (DNF-Pour un monde zéro tabac).
Iceland: The bill amending Law 87/2018 on electronic cigarettes and refills that we previously reported on was introduced yesterday to the Althingi. In addition to laying down a ban on “flavours that may appeal to children, such as sweet and fruit flavours”, the new draft resulting from the bill’s public consultation includes a mandatory permit to sell vaping products, issued by the Housing and Civil Engineering Institute, and a prohibition from vaping in educational facilities. The bill may still undergo some amendments during the committee stage, which will take place after the first reading.
Latvia: The State Revenue Service has informed ECigIntelligence that the excise duty revenue for 2021 for e-liquids amounts to €2.3m.
Hungary: The Ministry of Finance told ECigIntelligence that the excise duties applicable to e-liquids, currently at HUF30 (€0.08) per ml, generated an estimated revenue of approximately HUF200m (€528,500) in 2021.
UK: The Local Government Association (LGA), which represents councils in England and Wales, has called on the government to lower the VAT on e-cigarettes from 20% to 5%, bringing it in line with sales on nicotine gum and patches in order to help people stop smoking. The revenue generated could be targeted in geographical areas, occupational groups, and communities where cessation services are most needed.
Finland: The amendment to the Tobacco Act was introduced in the first reading in the parliament yesterday. At this stage, the content of the bill will be decided. The initial proposal aims to introduce plain packaging for e-cigarettes and seeks to extend smoke-free environments, among other things. Previously it was planned that this amendment would come into force as of January 2022; however, now it is not yet clear when it will go into effecct if adopted.
Sweden: The Public Health Agency of Sweden has updated a publicly available list of notified electronic cigarettes and refill containers, which contains 11,774 vapour products.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 74,630 products.
Slovenia: The government has published today a draft Strategy for Reducing the Consequences of Tobacco Use - For Slovenia without Tobacco 2022-2030, which is currently being discussed across ministries and agencies. The policy paper calls for the urgent enactment of legislation that extends plain packaging to e-cigarettes, raises the minimum age for the purchase of e-cigarettes to 21, and bans flavoured vapour products, among others.
Croatia: The Ministry of Health has updated the publicly available list of notified e-cigarettes and refill containers.
Denmark: Yesterday, the health ministry announced that Nicoventures
UK: The West Northamptonshire Council trading standards department has inspected five shops following complaints of underage (under-18s) sales. Three of the shops asked for identification when the customer attempted to buy e-cigarettes and cigarettes, while the other two face under further investigation, press reports.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 247,925 vapour products. Only products notified at least six months previously are listed.
Ireland: Today, the Joint Committee on Health discussed the Tobacco and Nicotine Inhaling Bill with the industry members. The trade organisation Vape Business Ireland (VBI), whose representatives attended the meeting, stated that the credible evidence supporting vaping as a less harmful alternative to smoking must not be ignored and highlighted the importance of flavours in smoking cessation. Said a VBI spokesperson: “While it is essential that we do everything we can to prevent youth access to vaping products, we must also ensure that we find a balance in protecting the 200,000 vapers right across Ireland from relapsing.”
UK: Maggie Throup, parliamentary undersecretary for health, said that there are no current plans to review smoke-free legislation to include vaping. “The provision of separate vaping areas is a matter for individual organisations,” added Throup.
Estonia: The Health Board has updated the list of notified e-cigarette products, which contains 41,641 vapour products.
Poland: On 2nd March 2022, the Senate health committee will debate the bill that intends to introduce the cultivation and collection of non-industrial hemp, press reports. According to the bill, the cultivation of medical cannabis will be allowed, but only if conducted by research institutes dependent on the Ministry of Agriculture. The bill was approved on 8th February by the Sejm (Polish lower house) and is currently pending parliamentary approval prior to being signed by the president.
Sweden: From February 2020 to March 2021 the government held an investigation to ensure a coherent and systematic regulation of tobacco, e-cigarettes, and tobacco-free nicotine products. The outcomes of this inquiry were published yesterday, and the government intends to submit a proposal shortly that would ban tobacco-free flavoured e-liquids and strengthen the restrictions on the marketing and advertising of e-cigarettes and refill containers.
Iceland: The Ministry of Health confirmed to ECigIntelligence that the bill amending Law 87/2018 on electronic cigarettes and refills to introduce a ban on e-cigarette flavourings “that may appeal to children” will be introduced into the Althingi in March. As we previously reported, the bill was meant to be introduced today, according to the official parliamentary register.
Italy: The Senate has approved the text for the conversion into law of Decree-Law 228/2021, which lowers excise duties on e-cigarettes. The rates applied in early 2021 will be restored from 1st April 2022: approximately €0.13/ml for nicotine-containing e-liquids and €0.08/ml for those without nicotine. Our briefing will provide a more detailed outlook of the changes.
UK (Scotland): Trading Standards officers found a wide range of non-compliant single-use or disposable vaping devices on sale in Scotland between October and December 2021, the Chartered Trading Standards Institute (CTSI) reports. Following inspections, a total of 88,839 disposable devices were removed from sale as they were either not labelled correctly, did not contain sufficient classification, labelling and packaging (CLP) regulation information or had not been published by the Medicines and Healthcare Products Regulatory Agency (MHRA). Another 3,683 devices were seized as they had a capacity of over the legal limit of 2 ml.
Italy: The Chamber of Deputies has approved the text for the conversion into law of Decree-Law 228/2021, which aims to lower excise duties on e-cigarettes. If the bill is also approved by the Senate, the rates which applied in early 2021 will be restored from 1st April 2022: approximately €0.13 per ml for nicotine-containing e-liquids and €0.08 per ml for those without nicotine.
Bulgaria: Analysis by the Customs Agency uncovered the evasion of BGN 977,000 (€500,000) in customs duties and VAT on imports of disposable e-cigarettes between 2019 and 2021.
Italy: The Customs and Monopoly Agency (ADM) has updated the lists of notified nicotine-containing and nicotine-free e-cigarette products. The total number of notified vaping products now stands at 20,743.
Italy: The Budget Committee of the Chamber of Deputies approved two amendments (after making slight changes) to the conversion into law of Decree-Law 228/2021 presented by the Democratic Party and The League as part of an aim to decrease the excise duties on e-liquids. Should the amendments be approved by the Chamber of Deputies and subsequently by the Senate, the excise duty rates of the first semester of 2021 would be restored starting from 1st April 2022: approximately €0.13 per ml for nicotine-containing e-liquids and €0.08 per ml for those without nicotine.
France: Senator Laurence Cohen submitted a written parliamentary question to the Minister of Solidarity and Health asking how he intends to reduce the widespread use of e-cigarettes among teenagers in middle and high schools and raise awareness of vaping products.
Bosnia and Herzegovina: The Bill on the Control of Tobacco and Other Products for Smoking was not adopted on 17th February. The upper chamber of the parliament will move the discussion to another date. The bill regulates nicotine-containing e-cigarettes, proposes a ban on sales via vending machines and online, online advertising, and vaping in enclosed public places. Nicotine concentration is to be limited to 20 mg/ml and e-liquid refills to a maximum of 10 ml or cartridges of 2 ml.
Ireland: The Oireachtas (parliament) Health Committee is continuing its scrutiny of the Tobacco and Nicotine Inhaling Products Bill by hearing the concerns of stakeholders, press reports. This week the Irish Vape Vendors Association (UVVA) stressed to the committee the role of vaping products in smoking cessation and criticised the threat of a flavour ban, which some medical societies have said should be included in the bill.
EU: The European Parliament voted yesterday, 16th February, by 652 votes to 15, with 27 abstentions, in favour of adopting the Special Committee on Beating Cancer (BECA) report on Strengthening Europe in the fight against cancer. The report is of crucial importance, as it makes recommendations related to traditional and novel tobacco and related products that are likely to be considered by the European Commission in the upcoming revision of the Tobacco Excise Directive and the Tobacco Products Directive (TPD). Last-minute attempts by Socialist and Democrat MEPs to introduce amendments that would have made harsher the recommendations on novel tobacco and related products were rejected in favour of a final text that resembles what was agreed by the BECA in December.
Italy: The Customs and Monopoly Agency (ADM) is to appeal against the ruling by the Regional Administrative Tribunal (TAR) of Lazio that overturned part of an ADM circular of March 2021 which ordered the disposal of all e-liquids without tax stamps from 1st January 2022, media reports.
Iceland: A bill amending Law 87/2018 on electronic cigarettes and refills to introduce a ban on e-cigarette flavourings “that may appeal to children” will be introduced to the Althingi (parliament) on 25th February.
Bosnia and Herzegovina: The Bill on the Control of Tobacco and Other Products for Smoking will be discussed in the upper chamber of Parliament tomorrow, 17th February. The bill to regulate nicotine-containing e-cigarettes proposes a ban on sales via vending machines and online, online advertising, and vaping in enclosed public places. It would limit nicotine concentration to 20 mg/ml and e-liquid refills to a maximum of 10 ml or cartridges of 2 ml.
Ukraine: Bill 5719, adopted yesterday, 15th February, provides for a change in the mechanism of crediting and distribution of retail tax between local budgets as of 1st April 2022. This relates to an amendment to the Tax Code, adopted at the end of 2021, requiring producers or importers to declare maximum retail prices for tobacco products and e-liquids to the tax authority. The amendment also switched responsibility for paying retail tobacco and e-liquid tax from retailers to manufacturers and/or importers. The tax rate is 5% of the tax base, which is the value of the maximum retail prices of tobacco products and e-liquids, including VAT and excise tax.
Spain: The Ministry of Health has launched an awareness campaign against smoking and vaping outdoors in places commonly frequented by other people, such as beaches, parks and restaurant and bar terraces. Although it is not prohibited to smoke in such areas, the campaign aims to reduce passive smoking and vaping. The government revealed last year its intention of prohibiting smoking and vaping on terraces.
EU: The full European Parliament was considering today, 15th February, whether to approve the Special Committee on Beating Cancer (BECA) report in full or to propose further changes. A number of recommendations in the report could have a significant impact on the future of vaping in the EU – such as a proposal to ban e-liquid flavours that appeal to minors and non-smokers in the upcoming revision of the Tobacco Products Directive (TPD).
Finland: The Ministry of Social Affairs and Health has set up a working group to consider ways of working towards ending the use of tobacco and nicotine in Finland. The aim is for no more than 5% of the population to be daily users of such products by 2030. Between now and January 2023 the working group will seek measures to promote quitting nicotine use, and consider raising the age limit for the sale of tobacco, nicotine e-liquids and nicotine-containing tobacco substitutes.