LATEST ALERTSUkraine: 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.
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UK - Scotland: Commenting on a call by an environmental campaigner for a ban on disposable e-cigarettes, an official spokesperson told reporters: “The Scottish government is considering the emerging issues around single-use disposable vapes, and in the meantime it must be remembered that these devices are electronic equipment and should always be disposed of responsibly.”
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.
Latvia: The excise tax rate on e-liquids increased on 1st January to €0.20 per ml.
10th January 2023 - Asia, Kazakhstan |
Kazakhstan: The tax rate for nicotine e-liquids has changed from 1st January to KZT53 ($0.12) per ml.
Russia: Tax on e-cigarette devices has increased to RUB64 (€0.86) each and the e-liquid tax to RUB18 (€0.24) per ml from 1st January.
Indonesia: A new excise duty of IDR532 ($0.034) per ml of e-liquid in open-system e-cigarettes now applies, as of 1st January, while closed-system e-cigarettes are now taxed at IDR6,392 ($0.41) per ml of e-liquid in the cartridge.
10th January 2023 - Europe, Netherlands |
Netherlands: A Ministry of Health regulation on banned flavours in e-cigarettes came into force on 1st January, providing a list of flavouring additives that can be used in e-liquids. It sets a grace period until 1st October for existing products produced or released before 1st July 2023 and for which a notification was made through the common entry gate no later than 28th November 2022.
Belarus: Under a December 2022 amendment to the Tax Law, e-liquids will be taxed throughout 2023 at a rate of BYN0.77 (€0.29) per ml. The law also introduced a BYN2.72 (€1) tax on e-cigarette devices.
Slovenia: The new excise duty now in force, until 30th April, for nicotine-containing e-liquids is €0.19 per ml. The tax on nicotine-free e-liquids has increased to €0.09 per ml.
Hungary: From 1st January the new excise duty on e-liquids, regardless of nicotine content, is HUF33 (€0.083) per ml.
10th January 2023 - Asia, Philippines |
Philippines: As of 1st January 2023, e-liquid taxes increased to PHP60 (€1.02) per 10 ml or a fraction thereof. Nicotine salt product taxes increased to PHP52 (€0.88) per ml or a fraction thereof.
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.
Albania: As of 1st January 2023, nicotine-containing e-liquids tax increased to ALL14 (€0.12) per ml.
Morocco: Law No. 50.22/2023 regarding budget law for the year 2023 entered into force in January 2023, stipulating a tax increase on e-liquids of 40% of the retail sale price.
Israel: The Ministry of Health has issued a warning against the use of e-cigs containing synthetic cannabinoids (ADB-BUTINACA and MDMB-4en-Pinaca) known as “Nice Guy”, which is sold illegally under the brand names Premium Vape, Snoop Dogg, and The Bulldog and causes severe mental and physical effects such as psychosis, hallucinations, anxiety, panic attacks, bleeding, cerebral oedema, kidney damage and damage to the heart, press reports.
9th January 2023 - Europe, United Kingdom |
UK: Supermarket chain Waitrose has decided to stop selling disposable e-cigarettes due to health and environmental concerns. In the past year, we have reported on several seizures of non-compliant disposable e-cigarettes across the UK.
Estonia: As of 1st January 2023, following the two-year suspension, the excise duty on e-liquids amounting to €0.20/ml has been reintroduced.
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 e-cigarettes and heated tobacco at a rate of 200%.
Lithuania: As of 1st January 2023, the excise duty levied on e-liquids has increased from €0.15/ml to €0.19/ml, 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 vaping products and heated tobacco, 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 e-cigarettes and heated tobacco.
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-restrictions 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.
Morocco: The centre-right Islamist Justice and Development party proposed a bill to ban the advertisement of 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 e-cigarettes 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. It also proposes banning the display of e-cigarettes in a way that encourages increasing consumption. Proposed penalties for violations are between MAD500 ($49) and MAD1,000 ($98) with an increase to MAD5,000 ($490) per repeat offence.
Serbia: As of 1st January 2023, e-liquid tax has increased from RSD7 (€0.06) to RSD8 (€0.07) per ml, as planned.
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 e-cigarette provisions, a revision that has been formally envisaged in the government's legislative plans after many years of inter-ministerial discussions and institutional recommendations.
Romania: Following the amendment to the Excise Duty Act that was implemented in July 2022, as of 1st January 2023, the excise duty on e-liquids has risen to RON0.72 (€0.15) per ml. The tax will progressively rise in the following years to RON0.81 (€0.16) per ml in 2024, RON0.91 (€0.18) per ml in 2025 and RON1.03 (€0.21) per ml 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 maintains the same level of taxation as in 2022. 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 January, nicotine-containing liquids are subject to a duty of €0.132333 per ml, while the rate for those without nicotine is €0.088222 per ml.
Ukraine: As of 1st January 2023, the excise tax rate for e-liquids has been raised to UAH10,000 (€254) per l. The rate is valid during a state of war and/or state of emergency.
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, 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.
Vietnam: At a workshop held on 23rd December 2022, representatives from the Ministry of Trade and Industry said they were gathering opinions from different ministries on the amendment of Decree 67, which will regulate e-cigarettes and heated tobacco products, press reports. The deputy director of the legal department of the Ministry of Health supports banning the products, because if allowed, “the rate of smuggling is still at risk of increasing”.
9th January 2023 - Australasia, New Zealand |
New Zealand: The Health Ministry has announced a public consultation period for new proposals to tackle youth vaping. The proposals seek to tighten retail availability, reduce nicotine concentration in disposable e-cigarettes, restrict flavour names, and add packaging requirements. The ministry emphasised that "the proposals are not intended to restrict access or availability to vaping products for people who wish to stop smoking and switch to a less harmful product". The closing date for submission is 15th March 2023.
Italy: If Parliament fails to approve the 2023 Budget Bill by 31st December 2022, the excise duty increase introduced by the 2021 Budget would apply at least for January 2023. Nicotine-containing e-liquids would be taxed at 25% of the excise duty on the equivalent quantity of cigarettes (around €0.2 per ml), while those without nicotine would be taxed at 20% of the excise duty on the equivalent quantity of cigarettes (around €0.16 per ml).
US - Maine: Yesterday, 20th December, the South Portland City Council approved a ban on the sale of flavoured tobacco products including e-cigarettes and menthol-flavoured products. The ban will become effective on 1st April 2023, making South Portland the fourth community in Maine to ban flavoured tobacco.
21st December 2022 - Europe |
EU: Organisers of the European Citizens’ Initiative (ECI) “Call to achieve a tobacco-free environment and the first European tobacco-free generation by 2030” have set 16th January 2023 as the date to start collecting signatures. As we previously reported, among other things the initiative seeks to end the sale of nicotine products to people born after 2010, to extend outdoor non-smoking and non-vaping spaces, and to eliminate tobacco advertising and social media presence. The ECI needs to collect a total of 1m signatures in seven different EU member states in one year before the European Commission considers proposing any related legislation.
21st December 2022 - Europe |
EU: Yesterday, 20th December, we published an alert about the delegated regulation amending Regulation (EC) 1272/2008 (CLP regulation) adopted by the European Commission (EC) on 19th December, which aimed to include certain amendments to the Annexes of the current CLP regulation. Also on 19th December, the EC submitted a draft proposal to change the current CLP regulation, which is to be a targeted revision of the enacting terms and, where relevant, the related Annexes. The amendment seeks, among other things, to improve harmonised classification of chemicals and clarify rules on hazard labelling. This could impose further obligations on e-cigarette producers regarding additional chemicals that may be contained in a device or delivery mechanism. The feedback period for the proposal, which is to follow regular legislative procedure, is until 15th February 2023.
21st December 2022 - Paraguay, South America |
Paraguay: The Ministry of Health warned yesterday (20th December) about the health risks associated with vaping and the supposed gateway effect of e-cigarettes leading to smoking among young people. The ministry has also called for the enactment of a law that regulates vaping products given their increasingly widespread use among the population. Paraguay’s regulatory framework on e-cigarettes is currently composed mostly of resolutions issued by the National Health Surveillance Authority (DINAVISA).
20th December 2022 - Europe, Switzerland |
Switzerland: As part of "Free. Fair. Futures", the smoking and vaping prevention campaign aimed at children and young people, the Tobacco Prevention Fund is calling on all interested individuals and organisations to submit an application for funding a project related to disposable e-cigarettes. According to the authority, for a project to be successful it should be primarily focused on changing the framework conditions so these products are no longer accessible to children and young people. The next deadlines are 28th February 2023 and 31st May 2023.
UK: Authorities have seized more than 100 non-compliant e-cigarettes in Southend following test purchases in 11 shops, media reports.
20th December 2022 - North America, United States |
US - General: The Reagan-Udall Foundation has submitted its recommendations to US Food and Drug Administration (FDA) commissioner Robert Califf. The recommendations focused on four programme areas: regulations and guidance, application review, compliance and enforcement, and communication with the public and other stakeholders. The report stated that the Center for Tobacco Products (CTP) should “make process improvements and identify and address the policy and scientific questions that underpin its regulatory framework”. It also concluded that vaping industry insiders observed a lack of “consistent implementation” of CTP policies, particularly with respect to tobacco harm reduction and the requirements needed to navigate the premarket tobacco product application (PMTA) process. The Reagan-Udall Foundation is a private nonprofit organisation created by Congress to support the mission of the FDA.
20th December 2022 - Europe |
EU: Yesterday, 19th December, the European Commission (EC) adopted a draft delegated regulation amending Regulation (EC) 1272/2008 on hazard classes and criteria for the classification, labelling and packaging of substances and mixtures (CLP regulation). The amendment seeks to “insert new hazard classes and their criteria into the CLP regulation for its adaptation to technical and scientific progress”. This may impose additional obligations on e-cigarette producers in relation to additional chemicals that may be contained in a device or delivery mechanism. A delegated act is a non-legislative act adopted by the EC to add non-essential elements to the act or amend them. It is to enter into force on the 20th day following its publication in the Official Journal of the European Union if no objection is raised by the Council or Parliament.
US - General: The Clinton Foundation announced a funding plan for Tobacco Free Portfolios (TFP), with a total value of $5.5m over approximately five years. The foundation has partnered with the state of California, Truth Initiative, BNP Paribas, and Ing Bank Slaski, among others. The primary goals of the funding plan to be reached by December 2023 are to increase the committed assets by at least $3tn and engage with at least 20% of the leading US financial institutions. TFP is a nonprofit organisation with a mission to promote tobacco-free finance across financial institutions.
20th December 2022 - North America, United States |
US - Federal: The US Office of Special Counsel (OSC) has written to the president and Congress advising them that the US Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) had “relaxed its standards of review for certain tobacco products”. A CTP toxicologist-turned-whistleblower disclosed that a 2019 memo to CTP scientists on how to evaluate potentially harmful ingredients in substantial equivalence applications directed them to stop using objective, quantitative data to evaluate applications and to use instead an “eyeballing it” approach, which resulted in unclear review standards. The FDA appointed an independent panel of specialists to evaluate the allegations, and subsequenly implemented its six recommendations. While supportive of these steps, the whistleblower said FDA scientists will still need courage to challenge a system that “discourages dissenting voices”.
US - Ohio: Governor Mike DeWine has hinted that he may veto House Bill 513, which would prevent political subdivisions such as cities from banning or regulating the sale of flavoured cigarettes and flavoured e-cigarettes. Specifically, the bill states that the regulation of tobacco products and alternative nicotine products is a matter of general statewide concern that requires statewide regulation.
Italy: The Custom and Monopoly Agency (ADM) has updated the lists of notified nicotine-containing and nicotine-free e-cigarette products, now containing a total of 21,341 products.
