Daily news alerts / NEW ZEALAND

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.

China: Today, 3rd June, the State Tobacco Monopoly Administration published a Q&A about the implementation of the new rules. It states that the licensing of different operators in the vaping sector is going smoothly and that the national platform for e-cigarette management will be launched on 15th June. It reiterated that e-cigarettes with flavours other than tobacco won't pass a technical review and that the relevant state departments are advancing in their research of possible vaping tax policies.

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.

US - California: The Los Angeles City Council voted an overwhelming 12 to 0 to pass an ordinance to prohibit the sale of flavoured tobacco in the city, including all flavours except tobacco – with an exception for shisha tobacco at hookah lounges. The ordinance moves to the mayor’s desk for consideration to be signed into law and would become effective on 1st January 2023. The interim president, Mitch O'Farrell, made a heart-felt speech about tobacco policies after the voting, stating that everyone listening surely had someone who had been affected by tobacco or nicotine. He emphasised that the bill doesn't ban the possession or use of flavoured tobacco for people over 21, as their aim is to protect the youth from such policies.

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.

Israel: The deadline for submitting the advertising expenses report and the ingredients report to the general manager of the Ministry of Health has expired. By 1st June every year, manufacturers and importers of tobacco products are required to send a report listing all expenses for allowed forms of advertising incurred in the previous year. Also, they must send a separate report listing the ingredients in the product and their quantities and purposes.

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.

US - Tennessee: Senate Bill (SB) 2219 was signed into law by the governor yesterday, 1st June. This bill would authorise local governments to regulate smoking and vaping, including the prohibition of smoking and the use of vapour products in age-restricted venues.

United Arab Emirates: The Ministry of Health confirmed yesterday, 1st June, the application of Law 15/2009 on Tobacco Control and its executive regulations on e-cigarettes, as previously noted in our latest regulatory report. The ministry further stressed the prohibition to vape in offices and closed public spaces, and said that it is working, in cooperation with the Telecommunications Regulatory Authority, to crack down on websites that promote and sell e-cigarettes to under-18s.

Israel: The Finance Committee of the Knesset (parliament) has approved a reduction in the excise duty on e-liquids. The new order establishes that e-liquids will be subject to a purchase tax of 243% of the usual wholesale price plus ILS7.34 ($2.20) per ml, which in any case will not be less than ILS14.08 ($4.20) per ml. With the previous order, e-liquids were subject to an excise duty amounting to 270% of the wholesale price plus ILS8.16 ($2.45) per ml. There will be no changes for disposable e-cigarettes.

Indonesia: The deputy minister of health said on 31st May, in the context of World No Tobacco Day: “E-cigarette smoking is as dangerous as conventional smoking. There is no difference in the risks of conventional smoking and e-cigarettes, both of which are equally dangerous.” The deputy minister also released the results of the 2021 Global Adult Tobacco Survey (GATS), which show an increase in Indonesia’s vaping population from 0.3% in 2011 to 3% in 2021. 

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.”

US - Wyoming: In communications with the Wyoming Department of Revenue, ECigIntelligence has been made aware that nicotine pouches do not currently fit the definition of “nicotine product” within the state and are considered tangible personal property; thus, no specific excise tax applies to nicotine pouches. However, the department added a reminder that sales of nicotine pouches as well as nicotine products to retail customers are subject to sales tax in the state. E-cigarettes and vapour material are included within the definition of nicotine products in Wyoming.

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.

Mexico: The president of Mexico, Andrés Manuel López Obrador, has signed a decree prohibiting the sale of e-cigarettes and e-liquids nationwide. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. In the view of ECigIntelligence, there is a high chance that this new decree will also be brought in front of the Supreme Court.

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.

Paraguay: The director of the ministry of health’s National Program for the Control of Smoking and Chronic Respiratory Diseases urged the legislature yesterday, 31st May, for the enactment of a law that regulates the sales and usage of vaping products, press reports. The director alerted on widespread usage among teenagers and the large availability of these products, despite the ban to sell them to under-18s and their sale being allowed exclusively in retail points authorised by the National Health Surveillance Authority (DINAVISA).

Malaysia: The deputy minister of health said yesterday, 31st May, that the bill banning the sales of vaping products to anyone born after 2005, which we previously reported on, has been brought to state lawyers for approval before it is tabled in the parliament in July, press reports. The deputy minister asked for unanimous support for the bill from all MPs when it is tabled.

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.

US - Alaska: Senate Bill 45, which passed both the Senate and the House, is still awaiting transmittal to the governor. This bill would raise the legal age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product from 19 to 21. It would further levy a tax as follows: 35 % of the wholesale price of "(A) a closed-system electronic smoking product; (B) a vapor product sold as part of an open-system electronic smoking product; (C) a vapor product sold separately from a closed- or open system electronic smoking product".

Mexico: Hugo López-Gatell, the undersecretary of prevention and health promotion, has announced that the ban on the sale of e-cigarettes and heated tobacco devices will be maintained, press reports. He said that the government is working on regulation to ensure that no new tobacco products are introduced in the country.

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".

World: Today, 31st May, is World No Tobacco Day, as decided by the member states of the World Health Organization (WHO) 35 years ago. This year's campaign is focused on warning against the environmental costs of using tobacco and vaping products ('Tobacco: Threat to our environment'). A full report investigating the issue has been released, and according to the WHO it shows how "every year the tobacco industry costs the world more than 8 million human lives, 600 million trees, 200 000 hectares of land, 22 billion tonnes of water and 84 million tonnes of CO2",  and that “tobacco products are the most littered item on the planet". It also says that "products like cigarettes, smokeless tobacco and e-cigarettes also add to the build-up of plastic pollution". The WHO is calling for the "Polluter Pays Principle" to be extended to the tobacco industry and make it responsible for clearing up the pollution it creates. Thus, the "WHO calls on policy-makers to treat cigarette filters, as what they are, single use plastics, and consider banning cigarette filters to protect public health and the environment".

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.

Belgium: The Federal Public Service for Health, Food Chain Safety and Environment updated the lists of positive and negative e-cigarette product notifications.

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.

US - New Jersey: Bill A 1989, which would prohibit the sale of menthol cigarettes and the sale or distribution of flavoured electronic smoking devices and related products, has been scheduled for a hearing on 2nd June 2022 in the Assembly Health Committee.

China: On 27th May, the State Tobacco Monopoly Administration and the General Office of the State Administration for Market Regulation issued the Notice on Regulating the Inspection and Testing of Electronic Cigarettes, media reports. The document regulates that the labs undertaking e-cigarette testing must have certification for inspection and testing institutions. The accreditation is organised and implemented by the State Administration for Market Regulation and the market supervision department in the province/city.

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.

US - Tennessee: Willson County School resource officers (SROs) are confiscating vape pens at an alarming rate, local media reports. Captain Scott Moore with the Sheriff's Office stated that they started keeping a record three years ago, and that he "would call it more of an explosion than a rise".

World: The World Health Organization (WHO) published on 24th May a fact sheet on tobacco calling for the non-promotion of both nicotine-containing and nicotine-free e-cigarettes as smoking-cessation aids “until adequate evidence is available and the public health community can agree upon the effectiveness of these products”. Additionally, a Q&A on e-cigarettes published on 25th May sets out several objectives when regulating these products, such as restricting advertising and flavours that may appeal to children, regulating product characteristics, prohibiting e-cigarette usage in indoor spaces, and preventing unproven health claims. The Q&A finds the current evidence of e-cigarettes as a smoking-cessation method “inconclusive”.

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.

China: The Tobacco Monopoly Bureau in Tianjin, one of the largest cities in China, has banned e-cigarette sales in places that are likely to attract minors, including, but not limited to children’s stores, toy stores, playgrounds, child-care institutions, social welfare institutions, museums, galleries, public sports venues, off-campus training institutions, etc. Moreover, e-cigarettes may not be sold in shops that are not directly or indirectly related to these products, including, but not limited to stores selling electronics, medical and beauty products, clothing, jewellery, instruments, building materials, pet products, etc.

Philippines: Yesterday (25th May), several measures from the Republic Act 11467/20 and Executive Order 106/20 regarding vaping activities entered into force. Flavoured liquid refill solutions other than plain tobacco or menthol will no longer be allowed, and all vaping industry activities, including online sales, will require a licence to operate.