Tag: European Union

European Union Reviewing Snus

Photo: Marko Hannula
The future of Sweden’s snus, a moist oral tobacco product banned in the EU since 1992, is currently under review as part of the EU’s evaluation of the tobacco directive, reports Euractiv.
Originating in the 18th century, snus is a unique Swedish tobacco product and differs from newer alternatives like heated tobacco, e-cigarettes or nicotine pouches. Sweden secured an exemption for snus during its EU accession negotiations, limiting its sale to within the country.
The EU aims to achieve a “Tobacco-free Generation” by 2040 as tobacco is a major health risk, responsible for 27 percent of all cancers in the EU. Sweden, expected to have smoking rates drop below 5 percent in 2023, is at the forefront of this effort.
Patrik Strömer, Secretary-General of the Swedish Snus Manufacturers’ Association, believes that the EU’s ban on snus is due to a lack of knowledge about the product, and he highlights that it has proven beneficial in reducing smoking-related diseases in Sweden.
Karl Fagerström, a tobacco and nicotine researcher, finds it odd that the U.S. has allowed snus in the market while the EU has banned it, despite using similar data. He points to WHO data showing that Swedish snus users have lower smoking-attributable deaths, especially regarding lung cancer.
On the other hand, Italian MEP Alessandra Moretti argues that snus is associated with diseases like cardiovascular issues and cancers of the digestive system. Fagerström counters that snus usage in Sweden is not linked to oral cancer and should be avoided during pregnancy, similar to any nicotine use.
The EU Court of Justice deems tobacco products for oral use harmful, addictive and potentially a gateway to tobacco use. Advocates for snus maintain that in Sweden, snus use doesn’t lead to subsequent smoking, supported by declining smoking rates among the young population.
October 27, 2023
Czechia Bans HTP Flavors

Photo: diy13
The sale of flavored heated-tobacco products (HTPs) will be banned in the Czech Republic, effective today, reports Expats.cz. A European directive requires that EU member states incorporate the ban into their legal frameworks effective Oct. 23. The directive does not allow for a transitional period for sale of existing stock.
Slightly more than half of HTP users prefer flavored tobacco, according to Jiri Sochor, spokesperson for JT International. Sochor noted that based on U.S. ban results, some people reverted to traditional combustible cigarettes.
The ban will not take effect simultaneously in neighboring countries, Sochor said, noting that only Germany has introduced it. Due to this, people are likely to purchase flavored products abroad.
Flavored heated-tobacco products generate about CZK2.9 billion ($125.16 million) in consumer taxes annually, according to Sochor.
Companies are responding to HTP flavors ban by introducing new, tobacco-free products. British American Tobacco, for example, has begun selling heat sticks with nicotine-infused rooibos tea. Certain tobacco firms have also opposed the ban, and the legislation will be addressed by the EU Court of Justice due to complaints from Irish companies.
October 23, 2023
Snatching Defeat from the Jaws of Victory?
Will the European Union enable or obstruct the market-based demise of the cigarette?
By Clive Bates
There are so many genuinely terrible ways to regulate combustible tobacco and smoke-free nicotine products that achieving one of the less terrible ways is a triumph. Unlike the United States, the European Union hasn’t imposed gigantic regulatory burdens that choke the life out of all but the largest companies, relentlessly favoring tobacco majors over their smaller rivals. Unlike Australia, the EU pulled back from regulating vapes as if they were medicines. Australia was once a leader in tobacco control, but now it has become a chaotic fiasco of sluggish declines in smoking and a massive black market. Despite the prohibition campaigns of the World Health Organization, the EU has resisted most forms of prohibition, though with the inexplicable exception of snus. To state the obvious, prohibition doesn’t cause banned products to disappear; it merely removes law-abiding suppliers and hands the residual market to criminals and unregulated informal traders.
In contrast, the EU has developed a range of measures to address tobacco and nicotine risks that are not especially disproportionate or discriminatory, reasonably precautionary and not particularly prone to harmful unintended consequences. As a result, the EU has a diverse range of lawfully available safer alternatives to smoking and, therefore, the regulatory basis for tobacco harm reduction for the member states that wish to pursue it. By international standards, it is a modest success.
European elections will be held in June 2024, and a new legislative program will emerge a few months later, with the most intensive legislative activity expected in 2025. So, the question is where next? I am sorry to report that the Brussels hive mind of bureaucrats, politicians and interest groups is on course to turn a modest success into a conspicuous failure, putting millions of lives at risk.
The EU’s Public Health Aims are Focused on Reducing Disease
There is a renewed impetus behind EU tobacco policy. In 2021, the EU launched its plan for addressing cancer, Europe’s Beating Cancer Plan. In 2022, it launched a separate plan for addressing noncommunicable diseases other than cancer, known as Healthier Together. Both place considerable emphasis on tobacco, and both stress the “tobacco-free generation” objective to reduce tobacco use to less than 5 percent of adults by 2040 compared to around 25 percent today.
Regulatory Instruments
To deliver this agenda, the EU has three main instruments to regulate tobacco and related products, such as e-cigarettes. These are in the form of “directives,” or legally binding agreements that member states will implement in domestic legislation that complies with the terms of the directive.
The Tobacco Products Directive (TPD: 2014/40/EU) governs standards for products, packaging, warnings and several aspects of commerce in tobacco products. This directive also provides for the regulation of e-cigarettes, including advertising and promotion of these safer alternatives. The TPD is under active review following an evaluation of the legislative framework for tobacco control, and a new European Commission (EC) proposal is expected late in 2024.
The Tobacco Advertising Directive (TAD: 2003/33/EC) bans tobacco advertising, promotion and sponsorship with a potential cross-border reach. Member states control fixed advertising, such as billboards. The TAD will likely be revised alongside the TPD to create a unified approach to tobacco and related products, such as e-cigarettes.
The Tobacco Excise Directive (TED: 2011/64/EU) provides a framework for harmonizing tobacco tax design. Member states generally set the levels of excise duty but are subject to minimum levels set in the directive. The TED has been subject to a lengthy review process since 2016. Taxation matters are sensitive with the member states, and each has a veto on any proposals. Controversy struck on Dec. 7, 2022, when new proposals were pulled from publication, as several Eastern European nations noticed that it would create large increases in tobacco prices for them.
The EU, as a party to the Framework Convention on Tobacco Control, will also form a common position to take into the November negotiations at the 10th Conference of the Parties to the Framework Convention on Tobacco Control in Panama. By endorsing the positions of the WHO, the EU will build momentum for further regulation aligned with the WHO approach.
The EU also has a range of softer instruments, such as the nonbinding 2009 Council Recommendation on Smoke-Free Environments (2009/C 296/02). In July 2022, the EC issued a call for evidence for a proposal for an updated recommendation that would apply to heated-tobacco products and e-cigarettes.
The Outlook is Bleak
It is never easy to see the big picture in the EU through the relentless blizzard of initiatives, consultations, reports, working groups and statements. However, some disturbing developments are emerging.
First, the major error of strategy. The EC sees the newer tobacco and nicotine products (heated tobacco, pouches, e-cigarettes) as a threat rather than as an opportunity to reduce cancer and NCDs. There is no sign that it recognizes or is interested in exploiting the radically different risks to health posed by smoked and smoke-free products. It should be treating tobacco products differently and proportionately according to risk. However, it is moving in the opposite direction toward treating all tobacco and nicotine products as if they were cigarettes. The effect will be to protect the cigarette trade, promote smoking, slow the decline of serious diseases and nurture the criminalization of supply and workarounds.
Second, instead of reversing the absurd and indefensible ban on snus, rumors suggest that the EC may even try to extend this ban to nicotine pouches. Snus has already reduced adult smoking in Sweden to close to the EU’s 2040 tobacco-free target of 5 percent, with measurable improvements in cancer and cardiovascular outcomes. Encouraging “free movement” of pouches would build on the snus proof-of-concept and help to reduce smoking across the EU. Regulation of purity and total nicotine density in pouches makes sense. However, a ban will simply deny users a significant harm reduction opportunity and create an influx of illicit high-strength pouches.
Third, there are moves to extend the ban on characterizing flavors in combustible tobacco products to all nicotine products. The EC has already done this for heated-tobacco products and could extend severe ingredient restrictions to vaping products. The government of the Netherlands, in alliance with the public health agency RIVM, has adopted a “whitelist” approach of permitting a few ingredients used chiefly to make artificial tobacco flavors. If adopted by the EU, this system would radically constrain the legal vaping market in which consumers are drawn to the diversity and ever-changing range of flavors as an alternative to smoking. At a December 2022 conference presentation in Paris, an RIVM official, Reinskje Talhout, presented on the Netherlands’ approach. After 33 pages of detailed analysis showing how to create a (short) list of permitted ingredients, she included the following slide on “Possible unintended consequences.”
The challenge is well summarized on this slide. Yet the advocates of broad flavor bans have no response. They have largely ignored the malign market and behavioral dynamics that they are likely to unleash.
Fourth, changes in the excise regime will dull the consumer economic incentives to switch from high-risk cigarettes to low-risk, noncombustible products. The minimum tax levels envisaged in leaked proposals are far greater than would be implied by the difference in risk compared to cigarettes. If the excise regime were more proportionate to the risk, the tax take would be outweighed by the costs of tax administration, and it would barely be worth raising excise duties. Member states should insist on their right to set zero minimum taxes on noncombustibles as it is their right to pursue tobacco harm reduction domestically. There would also be a scope for setting maximum tax levels for safer products to maintain a material difference in taxation between the highest-risk products and lowest-risk products.
Fifth, the EC plans to make it harder for European citizens to learn of safer alternatives to smoking by imposing further controls on advertising and promotion and possibly to willfully mislead consumers with packaging and warnings that implicitly exaggerate the risks of low-risk alternatives to smoking. Again, the regulatory tactic is to treat all products as if they are as harmful as cigarettes when what is required is more nuanced risk communication. If the EU follows the direction of the WHO, it will risk drifting into inappropriate restrictions on free speech and legitimate opinion.
The question for me is why? What fearful autocratic reflex causes the EC to suppress pro-health innovation and see opportunity as a threat? There is an opportunity here for the free movement of goods and services within a well-functioning internal market to deliver a high level of health and consumer protection. The internal market, if allowed to function as intended, could end the cigarette era and epidemic of smoking-related disease. Yet its most ardent champion, the EC, appears unwilling to let the internal market crush the cigarette trade through the power of consumer preference, competition and creative destruction. What a pity.
Clive Bates is the director of Counterfactual Consulting and the former director of Action on Smoking and Health (U.K.).
October 1, 2023
EU Commission Chided Over Tobacco Contacts

Photo: Robert Kneschke and Lulla
The European Commission’s failure to be fully transparent about its meetings with tobacco industry representatives constitutes maladministration, according to the European Ombudsman, reports Reuters. Such transparency is required by the World Health Organization Framework Convention on Tobacco Control.
In a letter to the commission, ombudswoman Emily O’Reilly detailed preliminary conclusions from her office’s inquiry into EU executive contacts with the tobacco industry in 2020 and 2021. The investigation follows an earlier study concluded in 2016, when the ombudsman urged the commission to adopt the transparency policy of the EU health and food safety directorate-general. Apart from improvements at the tax and customs unit, this had not happened, the letter noted.
The ombudsman found a deficiency in record-keeping and a failure to keep and make available minutes on all commission meetings with tobacco interest representatives.
The ombudsman also questioned whether commission officials were limiting their interactions with the tobacco industry only to those that were “strictly necessary.”
EU institution contacts with lobbyists have come under scrutiny after a cash-for-influence scandal hit the European Parliament, two of whose members have been charged with corruption and money laundering in Belgium.
The ombudsman’s recommendations are not legally binding.
April 18, 2023
EU Lawmaker Urges Snus Legalization

Photo: Tobacco Reporter archive
Johan Nissinen, a Swedish member of the European Parliament, has urged the EU to legalize snus, according to Snusforumet.
“Swedish snus and nicotine pouches are better options than cigarettes,” Nissinen said. “We can get rid of cigarettes once and for all thanks to snus and nicotine pouches. We need to highlight countries such as Sweden, but also Great Britain, where both Public Health England and the NHS [National Health Service] have encouraged citizens to use e-cigarettes instead of traditional combustible tobacco products to advance public health. It’s a further step in an already multi-year government health initiative aiming to make the U.K. completely smoke-free by 2030.”
“Sweden is proof of the public health advantages that come from embracing snus and nicotine pouches instead of cigarettes,” he said. “We need to do more to highlight the public health benefits. Sweden should also push to ensure the internal market is open for legal, equivalent products. If beer can be sold within the EU, wine should be too. If the sale of Coca-Cola is permitted, so must Pepsi, and so on. The same principle should apply to snus. If deadly cigarettes are permitted throughout the internal market, then a lower risk equivalent like snus should be as well.”
February 21, 2023
Commission to Propose EU-Wide Vaping Levy

Photo: Sergii Figurnyi
The European Commission (EC) wants to increase the minimum excise duty on cigarettes to €3.60 ($3.77) from €1.80 per pack of 20 and introduce a bloc-wide vaping levy, reports the Financial Times, citing a draft EC document.
If enacted, the legislation would double cigarette excise duties in EU member states with low cigarette taxes. In some eastern European nations, cigarette packs currently sell for under €3. Excise duties on cigarettes would also increase considerably in countries such as Austria and Luxembourg where prices are low relative to income. The tax rise on cigarettes is expected to generate an extra €9.3 billion for EU member states.
The update to the 2011 EU tobacco taxation directive will also bring the taxation of electronic nicotine-delivery systems into line with cigarettes. Stronger vaping products would have an excise duty of at least 40 percent applied to them while lower strength vapes will face a 20 percent duty. Heated-tobacco products will also be hit by 55 percent duty, or a tax rate of €91 per 1,000 items sold.
Rob Branston, senior lecturer in business economics and a member of the University of Bath’s Tobacco Control Research Group, told the Financial Times that the tax regime update was “long overdue” to increase prices in countries where cigarettes were “too cheap” and to catch up with inflation.
But Peter van der Mark, secretary-general of the European Smoking Tobacco Association, warned that a sudden steep increase in tax rates would likely boost illicit tobacco sales.
Dustin Dahlmann, president of the Independent European Vape Alliance, said that imposing taxes on novel tobacco products could lead to “the much less harmful alternatives” to smoking being “taxed far too heavily in many countries.”
The proposal will have to be agreed on by all EU member states before it is enshrined in law. BAT stressed that the EC draft proposal was “the beginning of a long legislative process.”
November 28, 2022
Snus Lovers up in Arms After EU Tax Proposal

Photo: Marko Hannula
Swedish snus lovers are up in arms after the publication of a leaked document suggesting the EU wants to force Sweden to raise the tax on snus by 200 percent.
The document, which was seen by the Swedish daily Aftonbladet, contains proposals for a new excise tax on tobacco.
If the plan becomes reality, the price of a can of portioned snus could increase by approximately SEK34 ($3.26). The price of a can of loose snus would increase by approximately SEK62 compared to today. A can of General loose snus would cost over SEK120 under the proposal.
Patrik Hildingsson, head of communications at Swedish Match, said that while Swedes are accustomed to high tax rates, the leaked EU proposal goes too far. He urged the Swedish government to make it clear to Brussels that Sweden alone regulates snus.
“Imagine if the EU decided to raise the tax on Italian Parma ham or German beer. This is basically the same thing,” Hildingsson was quoted as saying by Aftonbladet. “In the snus issue, the EU has chosen to disregard the principle of member state self-determination.”

“To dramatically increase the tax on snus will be a deadly blow to tobacco harm reduction and can make users go back to smoking.”
Bengt Wiberg, founder, EUforsnus
Meanwhile, snus advocates pointed to the health impact of snus, which is considerably less risky than other tobacco products.
“The Swedish Experience of snus has made Sweden almost smoke-free,” said Bengt Wiberg, founder of the EUforsnus international consumer group. “Daily smoking is now only 5 percent in Sweden as per the EU’s own Eurobarometer and thus Sweden has the lowest rate of all tobacco-caused cancers in Europe.
“To dramatically increase the tax on snus will be a deadly blow to tobacco harm reduction and can make users go back to smoking. I am sure the Swedish liberal/conservative government will even consider using its veto right within EU to stop this proposal.”
Finance Minister Elisabeth Svantesson indicated she would oppose the proposed tax hikes.
While snus is banned in the EU, Sweden obtained an exemption on cultural grounds when it joined the union in 1995. In the following years, however, the EU has made several attempts to restrict snus sales in Sweden, according to Aftonbladet.
The recent leaked proposal is scheduled to be published in early December. It must then be discussed and decided by the EU member states.
November 27, 2022
EU HTP Flavor Ban to Take Effect Nov. 23

Photo: artjazz
The European Union on Nov. 3 published the directive officially banning flavors in heated-tobacco products throughout the union, reports TobaccoIntelligence.
The publication follows the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.
The ban, which covers all flavors except tobacco, officially takes effect Nov. 23. EU member states than have until July 23, 2023, to transpose the rule into national legislation.
In the runup to the ban, critics suggested the European Commission was overstepping its delegated powers by introducing a new legal category—of heated-tobacco products.
Some member states raised concerns over whether the commission was empowered to introduce a definition of a new category of tobacco products in a Delegated Act.
More recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement, saying the introduction of a definition of heated-tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process.”
November 6, 2022
Campaign for Harm Reduction in Strasbourg

Photo: WVA
As a kickoff for the #BackVapingBeatSmoking campaign, representatives of the World Vapers Alliance (WVA) presented Members of the European Parliament in Strasbourg with a “Vaping Products Directive” to show how e-cigarettes need to be treated to fulfill their potential as tobacco harm reduction tools.
The campaign launches as European legislators review the Tobacco Products Directive. Responding to the EU Commission’s public call for evidence, the WVA has spoken out against flavor bans and excessive regulation.
“By backing vaping, we can beat smoking and save 19 million lives with sensible regulation,” said Michael Landl, director of the WVA. “The EU call for evidence has seen a record number of 24,000 responses, showing that consumers want to embrace tobacco harm reduction, and it happens that vaping has been proven one of the most successful so far.
“The EU needs to put an end to current discussions about flavor bans, and vaping must be kept affordable and accessible. It is time for the EU to fully endorse tobacco harm reduction and to make vaping a centerpiece of it.”
The #BackVapingBeatSmoking campaign launched in Strasbourg, France, with a “Don’t Let 19 Million Lives Fall” protest art installation and will spread to 10 cities in six countries during October 2022 through November 2022.
“We will host community events and protests in France, Poland, Czech Republic, Italy, Portugal and Belgium to draw attention to one of the most crucial pieces of legislation for the future of vaping. It is time for politicians to listen to consumers and science,” said Landl in a statement.
The WVA has also launched a petition against harmful vaping regulation, such as flavor bans or high taxation on vaping products. The signatures will be delivered to Members of the European Parliament at the end of the tour in November.

October 8, 2022
EU Menthol Ban Helped Smokers Quit: Study

Photo: Valeriy Monseev
The 2020 European ban on menthol cigarettes made it more likely that menthol smokers would quit smoking, according to a new study published in Tobacco Control.
“This Dutch study is our second major national study to provide evidence of the powerful impact of banning menthol cigarettes on quitting, which supports proposed menthol bans in the U.S. and other countries,” said Geoffrey T. Fong, professor of psychology and public health sciences at Waterloo, and the principal investigator of the ITC Project in a statement.
Previous Canadian research also found a positive public health impact of banning menthol cigarettes.
In the most recent study, the research team surveyed a national sample of adult smokers of menthol and non-menthol cigarettes in the Netherlands before and after the EU menthol ban. Of the menthol smokers surveyed before and after the ban, 26.1 percent had quit smoking. This quit rate was higher than the control group of non-menthol smokers, of whom only 14.1 percent had quit.
In fact, the increased quit rate of 12 percent of menthol smokers after the European ban is greater than the increased quit rate of 7.3 percent found in an ITC study of the menthol ban that was in effect across Canada in 2018.
The World Health Organization’s Framework Convention on Tobacco Control calls upon countries to prohibit or restrict menthol and other additives that make smoking easier.
To date, 35 countries have banned menthol cigarettes. On April 28, 2022, the U.S. Food and Drug Administration announced a proposed rule to ban menthol in cigarettes and cigars. An ITC study published that day on the impact of the Canadian ban projected that a ban on menthol cigarettes in the U.S. would lead more than 1.3 million smokers to quit.
The Dutch study also found that one-third of menthol smokers reported continuing to smoke menthol cigarettes even after the ban. The tobacco industry markets a wide range of accessories to enable people to add menthol flavoring to tobacco products themselves.
“These tobacco industry actions undermine the effectiveness of the menthol ban,” said Marc Willemsen, co-author of the Dutch study and professor in tobacco control research at Maastricht University and scientific director of tobacco control at the Trimbos Institute. “By tightening the regulations to include these menthol add-ons, the impact of the menthol ban on quitting could be even greater.”
October 2, 2022