Tag: IQOS

  • The heat is on

    The heat is on

    As the success of iQOS continues, Philip Morris International gets ready to launch its other reduced-risk products.

    By Stefanie Rossel

    Jacek Olczak

    Has Philip Morris International (PMI) found the magic bullet the tobacco industry has long been searching for? The company’s first-quarter results suggest it is well on its way toward the smoke-free future that has become PMI’s declared goal.

    Amid lower-than-expected cigarette shipment volumes, the company’s heat-not-burn (HnB) platform iQOS remained the shining light. PMI sold 173.6 billion cigarettes in the first quarter of 2017, 11.5 percent fewer than in the previous year’s quarter. However, sales of iQOS consumables, (commercialized as Heets and HeatSticks) ballooned to 4.4 billion units from 453 million units.

    PMI’s HnB device continues to show impressive growth. The product also fits nicely with PMI’s broader strategy of divesting low- to no-margin volumes in favor of the premium end of its portfolio, says Wells Fargo Securities analyst Bonnie Herzog.

    Japan, where iQOS was tested in 2014 and rolled out nationwide in 2016, remains the largest market for the reduced-risk product (RRP). Today, its performance continues to be the prime driver of PMI’s results in this market, according to chief financial officer Jacek Olczak.

    The national market share of iQOS increased by 5.4 points in the first quarter to 7.1 percent, driven mainly by Marlboro Heets, which also helped grow the entire Marlboro share, including combustible cigarettes, to 17.1 percent. The performance is even more remarkable when viewed against the backdrop of industry volumes declining by 7.4 percent in Japan.

    IQOS is also doing well in its other launch markets. In the first quarter of 2017, it reached national market shares of 0.5 percent in Italy, 0.9 percent in Switzerland and 0.4 percent in Portugal. In Germany, where iQOS was introduced in Berlin, Frankfurt, Wiesbaden and Munich last summer, the product reached a combined share of 0.8 percent in the last week of March, Olczak said.

    The product is currently available in key cities in 24 markets. The most recent launches took place in Lithuania, Colombia, South Africa, Poland, Serbia and France.

    New territory

    That PMI is entering unchartered territory became obvious in several launch markets. In New Zealand, one of the most heavily regulated markets for tobacco products, the health ministry declared iQOS consumables—but not the device—illegal because they supposedly violated a 1990 law prohibiting tobacco products intended for uses other than smoking.

    Arguing that the law was not developed for heated tobacco and e-cigarettes, PMI has continued marketing iQOS to registered adult smokers through an “invitation-only” website. At press time, the health ministry said it was still investigating the matter.

    Taxation has been an issue, too. Russia, where iQOS has been test-marketed since 2015, has created a new tax category for heated tobacco products. Heets are now subject to an excise of rub4,800 ($82.1) per kilogram, according to ECigIntelligence. The rate is expected to rise to rub4,992 in 2018 and rub5,192 in 2019.

    In Israel, two lawsuits accompanied the launch of the product. In March, the country’s health ministry announced that iQOS would be exempt from tobacco regulation until the U.S. Food and Drug Administration (FDA) decided on the company’s modified-risk tobacco product (MRTP) application. Given that the FDA’s assessment could take until 2018 or even longer, this implied that iQOS and Heets would be exempt from tobacco excise taxes, could be sold in Israel without health warnings and could be used in public for a considerable time.

    Alleging favoritism, Israel’s domestic cigarette maker, Dubek, filed a lawsuit. The second petition, presented by third parties, including two health groups, asked for iQOS and Heets to be recognized as tobacco products. In early April, the justice ministry decided that, in the absence of an FDA decision, iQOS should be sold as a tobacco product, subjecting it to all restrictions on tobacco marketing, advertising and public smoking.

    Seeking FDA approval

    By the year’s end, PMI aims for iQOS to be present in 30 to 35 markets. High on the list is the United States, where the company has submitted not only an MRTP application but also a premarket tobacco product application (PMTA), which would allow PMI to market iQOS independent of the MRTP process. If the FDA approves the PMTA, the product would be marketed by Altria, the parent company of Philip Morris (PM) USA. Herzog predicts that iQOS will be launched in the U.S. this year.

    Due to tax hikes, bans on tobacco marketing and smoking in public places, as well as growing health awareness, smoking in the U.S. has been declining since the 1960s. In 2015, prevalence stood at 15.1 percent. The figure is expected to further decline by around 3 percent annually until 2040, according to data published by the Centers for Disease Control and Prevention.

    PMI is the first company to seek FDA approval to market an HnB product as being less harmful than traditional cigarettes. If the claim is approved, it would be a game changer for Altria and PMI. Not only would PM USA obtain a substantial marketing advantage over other RRPs, including e-cigarettes, but such a decision would also facilitate entries into other markets. The assessment, however, will take time. At the time of this writing, it was still unclear whether the FDA would even accept PMI’s application of 2 million-plus pages. Several MRTP applications have been filed with the FDA, but the agency has yet to sanction a modified-risk tobacco product.

    Increasing capacity

    Herzog is optimistic about the potential of iQOS. “Based on current success, we expect PMI to achieve critical mass—i.e., a 2 to 3 percent smoker share—within 12 to 24 months of entry into any given market, in line with PMI’s expectations,” she commented in an investor’s note. IQOS, she added, was resonating strongly with adult consumers. “Smoker conversion rates are exceptional across markets at 70 to 80 percent, and adult smoker awareness is growing—it now stands at 70 percent in Japan compared to 90 percent awareness of conventional Marlboro cigarettes.”

    Favorable taxation of the consumables is expected to further contribute to the success of the product. At present, tax rates on HeatSticks are between 20 to 30 percent lower than those on combustible cigarettes, says Christopher R. Growe, managing director at Stifel Food and Tobacco Equity Research. “We believe this could add significantly to profitability for PMI, as the product tends to sell at the same retail price as the combustible products. We believe this opportunity represents upside to the company’s estimate of $720 million to $1.2 billion in annual profits from RRPs.”

    More than 2 million adult smokers worldwide have already switched from combustible cigarettes to iQOS, PMI’s chief executive officer Andre Calantzopoulos said at the company’s annual shareholder meeting on May 3. In March, the company announced that it would invest approximately €300 million ($323.72 million) to convert its Papastratos cigarette factory in Greece into a manufacturing facility for the tobacco sticks to be used with iQOS. Located near Athens and expected to be fully operational by January 2018, the factory is expected to produce 20 billion units annually. PMI aims for an annual capacity of 100 billion units by the end of 2018.

    The company also has a HeatSticks factory in Bologna, Italy, and a small-scale development center in Neuchatel, Switzerland.

    The addition of production capacity will reduce per-unit production coast, according Herzog. She expects iQOS to generate $500 million in operating profit in 2018, increasing to around $15.5 billion by 2025.

    Progress at all levels

    In the meantime, PMI’s other RRP platforms are making progress, as well. Platform 2, to be commercialized under the name Teeps, is also an HnB product. Unlike iQOS, which heats tobacco using an electronically controlled blade, it features a carbon heat source that, when ignited, transfers heat to a patented tobacco plug.

    Teeps is said to be more similar to a combustible cigarette than iQOS, which may make it an even more attractive alternative for smokers. It will also come with Marlboro-branded consumables and is scheduled for city tests and a possible national launch this year, according to Herzog.

    Platforms 3 and 4 contain nicotine but no tobacco. Branded “Steem,” Platform 3 generates a nicotine-containing vapor using nicotine salt. When a consumer draws on the mouthpiece, a chemical reaction between nicotine—a weak base—and a weak organic acid takes place to produce a vapor containing nicotine salt. PMI acquired the Steem technology in 2011 from Jed Rose, of Duke University, and other inventors. The company expects to test the product in 2017.

    PMI’s Platform 4 is called Mesh. It is a closed-system e-cigarette that features a new heating technology. Instead of using a wick and coil, as is common in most e-cigarettes, the Mesh atomizer has an embedded stainless steel mesh with more than 1,300 tiny holes in its cartridge. According to PMI, this increases the surface area in contact with the e-liquid and allows the e-liquid to be heated more precisely.

    Mesh cartridges are manufactured, assembled, pre-filled and pre-sealed in a fully automated, Good Manufacturing Practices-compliant process in Europe, thus meeting strict regulatory requirements and addressing concerns of vapers regarding product quality, safety, consistency and origin. Mesh has been developed by Nicocigs, a U.K. vaping company that PMI acquired in 2014. The product is currently being tested in Birmingham, U.K.

    Reflecting on the company’s progress toward a smoke-free future, 2016 was a pivotal year, according to Calantzopoulos. To date, PMI has hired more than 400 scientists and invested more than $3 billion in the research and development of RRPs.

    The company has published the results of its scientific assessments of iQOS in more than 200 peer-reviewed publications and is talking with regulators around the world to make a case for its heat-not-burn technology.

    To support its efforts, PMI has also increased transparency. In April, the company presented its Intervals website, an inhalation-toxicology repository for RRPs. The proof-of-concept data-sharing initiative hosts comprehensive, annotated data sets generated by PMI as part of its development and assessment of reduced-risk products.

  • Papastratos HeatSticks

    Papastratos HeatSticks

    Philip Morris International (PMI) will invest approximately €300 million ($323.72 million) to convert its Papastratos cigarette factory, in Greece, into a manufacturing facility for the tobacco sticks to be used with its IQOS tobacco-heating product. These tobacco sticks are currently commercialized as Heets or HeatSticks.

    Because the equipment necessary to manufacture tobacco sticks is larger than that required for cigarette manufacturing, the current facility area will be expanded. Once fully operational, the plant will have an annual capacity of around 20 billion tobacco sticks. The investment will create 400 new jobs at Papastratos, which already employs approximately 800 people. Construction on the site will commence immediately, with production scheduled to begin in January 2018.

    “This investment is further evidence of our progress towards a smoke-free future,” said Frederic de Wilde, PMI’s regional president for the European Union. “We are encouraged by the 1.4 million smokers who have already switched to IQOS around the world, and we expect this momentum to continue.”

    Located in Aspropyrgos, the Papastratos plant in will be PMI’s third facility fully dedicated to the manufacture of smoke-free products. In October 2016, PMI announced completion of its first facility for tobacco sticks manufacturing near Bologna, Italy, in addition to a pre-existing small scale industrial development center in Neuchatel, Switzerland.

    IQOS is one of four smoke-free product types from PMI to address adult smoker demand for potentially less-harmful alternatives to cigarettes. Launched in late 2014 in two city test markets, the product is expected to be available in key cities in more than 30 markets in 2017.

    Since 2008, PMI has hired more than 400 scientists and experts and invested over $3 billion in research, product development, and scientific substantiation. Results of scientific research to assess the reduced-risk potential of IQOS are very promising, according to PMI, and the company has been sharing its scientific methodologies and findings for independent third-party review and verification.

    According to Stifel, PMI sold every HeatStick it produced in 2016 (7.4 billion units). For 2017, the investment bank expects the company to sell 27 billion HeatSticks and achieve a break-even profit performance.

  • iQOS hurdle in Australia

    hurdle photoPhilip Morris International is unlikely to get permission to sell its iQOS heated tobacco device in Australia under current regulations, according to a story in the Sydney Morning Herald relayed by the TMA and quoting the assistant health minister, David Gillespie.

    Gillespie said that the commercial supply of nicotine was effectively prohibited in Australia via state and territory poisons legislation, with some exceptions, such as for tobacco prepared and packed for smoking, and certain nicotine replacement therapies.

    He was quoted as saying that these exemptions would be unlikely to apply to heat-not-burn products because ‘the nicotine in them would not be in the form of tobacco prepared and packed for smoking’.

    The story said that the recent decision by Australia’s Therapeutic Goods Administration to retain nicotine on its poisons list, effectively banning eVapor products containing nicotine, also complicated PMI’s plans.

    Despite the TGA having no direct role in making rules about heat-not burn products, Gillespie said that “further consideration of policy options to address heat-not-burn products may be considered in the context of a national response to e-cigarettes”.

    Meanwhile, Tony Snyder, PMI’s vice president of communications, said that iQOS was for adult smokers “looking for product choices that offer the satisfying taste, ritual, and pleasure they get from cigarettes, but with far lower amounts of the harmful compounds found in smoke”.

  • Korea awaits iQOS

    Korea awaits iQOS

    Philip Morris International is considering launching its iQOS heated-tobacco device in South Korea this year, according to a story in The Korea Times quoting ‘industry officials’.

    Such a launch would intensify competition among the country’s major tobacco companies, which, as well as Philip Morris, include British American Tobacco Korea, Japan Tobacco International Korea and KT&G.

    Although PMI Korea said it had yet to decide when iQOS would be launched, the industry observers were reportedly expecting that the launch would be soon.

    The Times reported that when iQOS was first released in Japan, Japanese smokers had lined up to buy the product. So far, it said, more than 90 percent of PMI’s iQOS sales had been made in Japan and the company would be seeking to repeat this success in Korea.

    Japan Tobacco Inc has been feeling the pressure from iQOS, partly because it has had capacity problems with its own heated-tobacco device, Ploom Tech.

  • Magic bullet?

    Magic bullet?

    IQOS could spell the beginning of the end for combustible cigarettes. But will it receive the required regulatory support?

    By George Gay

    When Philip Morris International (PMI) reported in February last year that its 2015 cigarette shipment volume was down by 1 percent, CEO Andre Calantzopoulos was able to provide some good news too, part of which described how PMI had significantly expanded the rollout of iQOS—one of its heated tobacco vapor products—in Japan and had introduced it into several new markets. Cigarette volume was down again, this time by 1.4 percent, when the company reported in April 2016 its first-quarter results for 2016, but at that time Calantzopoulos was able to say that PMI was “excited by the progress, best represented by our impressive HeatStick [the consumable insert part of the iQOS system] share momentum in Japan, of our reduced-risk product, iQOS.”

    The second quarter, reported in July 2016, saw cigarette volume down by 4.8 percent, but again the news from the vapor front was better. “A highlight of the quarter was our exceptional iQOS performance in Japan, where HeatSticks reached a national share for the quarter of 2.2 percent, demonstrating the tremendous potential of the reduced-risk products category,” Calantzopoulos said in a statement that seemed, in talking of an actual market share rather than generalities, to lift the progress of iQOS onto another plane. And in the third quarter, reported in October 2016, cigarette volume was down by 5.4 percent, but Calantzopoulos was able to say, “We are particularly encouraged by the strong performance of iQOS across all of its launch geographies, particularly in Japan, where HeatSticks recorded a quarterly share of 3.5 percent.”

    Three and a half percent. It doesn’t take a genius to figure out where this is going, especially given the fact that, in September 2016, PMI announced that it was inaugurating in Italy its first manufacturing facility for large-scale production of two heated-tobacco alternatives to cigarettes. The initial annual production capacity of the factory, which has involved an investment of about €500 million ($532.12 million), will be about 30 billion units. The announcement was given weight, I believe, by the fact that it was made at an event at the factory in the presence of then Italian Prime Minister Matteo Renzi.

    “Our ambition is to lead a full-scale effort to ensure that noncombustible products ultimately replace cigarettes to the benefit of adult smokers, society, our company and our shareholders,” said Calantzopoulos. “This factory is a milestone in our roadmap toward this paradigm shift.”

    But if there were still any doubts about PMI’s commitment to heated-tobacco technology, Calantzopoulos disposed of them in announcing toward the end of last year the launch of iQOS in the U.K. At that time, he said he would like to work with governments toward the “phase-out” of conventional cigarettes. He was quoted by the BBC as saying that the company knew its products harmed their consumers and that the only correct response was “to find and commercialize” ones that were less harmful. “That is clearly our objective,” he said.

    Long road ahead

    Andre Calantzopoulos

    Not everyone was won over. The Guardian newspaper quoted Rae Maile, tobacco industry analyst with City of London firm Cenkos Securities, as saying that Calantzopoulos was vague about how long it might take for cigarettes to disappear. “He didn’t say when … so it’s any time in the next century,” Maile said. “There are 1 billion people quite happy with smoking,” he said. “Cigarettes are easy to use, convenient and don’t need recharging. People know the health risks and are willing to accept them.”

    Maile was perhaps a little harsh in expecting a timeline for the phase-out, but there’s clearly some truth in what he said. Inertia reigns, and it will take some heavy lifting by a lot of people—some of whom are not used to cooperating with each other—to shift smokers away from their habit. But, then again, sometimes products just capture the imagination. Calantzopoulos said that trials in Japan had shown that 70 percent of smokers stayed with iQOS, compared with a general conversion rate of 20 percent for e-cigarettes.

    Maile’s comments hit home, however, partly because of his raising of the convenience issue. But even this has two sides to it. On the one side, a pack of cigarettes and a lighter constitute a very compact and easy-to-use system of nicotine delivery. On the other, cigarettes are not convenient if you are unable to use them in an increasing number of places, even in your own home if you live in some multi-unit dwellings in the U.S. and elsewhere. So clearly, if governments decide that it is preferable that those people determined to use nicotine products vape rather than smoke, they can help in balancing the convenience issue by allowing the use of vapor devices in more places than they allow the use of cigarettes. As Calantzopoulos implied at the launch of iQOS in the U.K., there are good reasons why governments and the vapor industry should work together on these issues—as long as any discussions are open.

    Much will depend, no doubt, on how representative Japan’s tobacco and vapor markets turn out to have been. And now that the iQOS manufacturing capacity limitations have been overcome, the U.K. market will be an interesting test from a number of points of view. I’m not a marketing man, but I would be surprised if there wasn’t a fairly large gap between the attitudes and aspirations of Japanese and British nicotine consumers.

    Another issue concerns the fact that the authorities in the U.K. have generally embraced the idea of tobacco harm reduction and gone a long way in encouraging smokers to use e-cigarettes to try to quit smoking. Despite what the U.S. Food and Drug Administration and the European Commission might think, e-cigarettes are not tobacco products. But iQOS is a tobacco product—though not a combustible one—and it will be interesting to watch how, if at all, the launch of iQOS shifts the vapor debate in the U.K.

    Broad debate

    Products such as iQOS have great potential, providing that authorities embrace the principle of harm reduction and implement appropriate regulatory frameworks.

    One thing that is certain is that there needs to be a wide-ranging debate about products such as iQOS, Japan Tobacco’s Ploom and British American Tobacco’s Glo. I noticed that the preamble to a question posed last year by a member of the European Parliament to the commission said, in part, “The major difference between iQOS and e-cigarettes is that while the latter use a liquid transformed into vapor, iQOS heats the tobacco and keeps it burning, which is very harmful to health.” The commission, for all its faults, is usually well-informed, and I’m sure that the answer, which I hadn’t seen at the time of writing, will point out the error—and the danger—of using the word “burning,” given that the developers of these products have gone to considerable lengths to ensure that the tobacco they contain is not burned.

    Tobacco and vapor companies can go some way toward promoting the harm reduction debate, and, on its website, PMI describes its various vapor products as consumer goods, intended as substitutes for combustible tobacco products. It says that any claim that the use of a particular product is less harmful than is smoking should be backed up by robust science. “Our scientific assessment program follows a step-by-step approach inspired by standards and practices long adopted by the pharmaceutical industry and by guidance issued by the U.S. [Food and Drug Administration’s] Center for Tobacco Products,” it says.

    “Our studies on one of our heated-tobacco products, Platform 1 [iQOS], are well-advanced. We have already determined that the aerosol generated by Platform 1 produces 90 to 95 percent less harmful and potentially harmful compounds compared to a reference cigarette, and that the aerosol is 90 to 95 percent less toxic than smoke from a reference cigarette. In a three-month clinical study recently carried out in Japan and the U.S., the average reduction in 15 biomarkers of exposure to 15 harmful and potentially harmful compounds measured in smokers who switched to Platform 1 approached the effect observed in smokers who quit smoking for the duration of the study.

    “While conclusions on the risk reduction profile of Platform 1 will be based on the totality of the evidence, such results give us confidence that we are on course with our plans to demonstrate that Platform 1 is not only a reduced-exposure product but also a less harmful alternative for smokers.”

    PMI’s science is to be put to the test. In December 2016, the company announced it had submitted to the U.S. Food and Drug Administration’s (FDA) Center for Tobacco Products a modified-risk tobacco product (MRTP) application for its iQOS electronically heated tobacco product. “This is consistent with the company’s stated goal of submitting its MRTP application in 2016,” the company said in a note posted on its website. “PMI anticipates the FDA taking a minimum of 60 days to complete an administrative review to determine whether to accept the application for substantive review.”

    There is a lot at stake here, and it is just as well that PMI is making this application. Much of the vapor industry is currently under threat in the U.S. because of the rules brought in by the FDA that have deemed e-cigarettes to be “tobacco products” and that in important aspects are more restrictive than are the rules governing traditional tobacco cigarettes. Some observers have been fighting to put clear water between e-cigarettes and combustible cigarettes and have been hoping that the new administration would be opposed to the deeming rule’s threatening the existence of thousands of small businesses. Launching onto the U.S. market a vapor device that does contain tobacco might complicate the debate and will almost certainly be used by those intractably opposed to vapor products.

    Of course, a premarket tobacco product application will be made for iQOS soon, and the product is likely to be on the U.S. market by July, a long while before it receives MRTP certification, assuming that its MRTP application is successful. But if the FDA accepts the MRTP application for “substantive review,” this will go at least some way to placating some of those opposed to vapor products.

    If the FDA were to grant an MRTP in respect of iQOS, it would certainly be a game changer given that U.S. consumers proved accepting of the product. But it would probably be as well not to hold our breath. The FDA proved inordinately slow and ultimately unhelpful in assessing the first full MRTP application to be put before it, which had to do with snus, a tobacco product that doesn’t involve inhalation and that has been shown to be protective against Parkinson’s disease (also see “Trailblazer,” page xx).

    High stakes

    Bonnie Herzog

    There is a lot at stake, too, beyond the reduced-risk battleground. Following the announcement by PMI that it had made an MRTP application for iQOS, Altria issued a reminder that it has an exclusive license to sell the product in the U.S. In December 2013, PMI and Altria announced that they had established a strategic framework to commercialize reduced-risk products and e-cigarettes. “Under the terms of a set of licensing, supply and cooperation agreements, Altria will make available its e-cigarette products exclusively to PMI for commercialization outside the United States, and PMI will make available two of its candidate reduced-risk tobacco products exclusively to Altria for commercialization in the United States,” the announcement said.

    Bonnie Herzog, managing director of equity research for tobacco (and a number of other business sectors) at Wells Fargo Securities, said that, based on a detailed, 10-year analysis of the market potential for the iQOS platform globally, she believed the product had the potential to change the trajectory of smoking. And, she added, both PMI and Altria had a competitive advantage given iQOS’ “superior technology,” given its “first mover” advantage with commercialization and clinical trials, and given the ability to leverage the ubiquitous Marlboro brand.

    In fact, Herzog believes that the iQOS issue could accelerate the acquisition of Altria by PMI. Herzog said that iQOS would be worth more to PMI if it owned Altria because PMI would in that case capture the full sales margin. It would also be able to accelerate the growth of iQOS in the U.S. given that it would then have full control over sales and distribution there, as well as elsewhere in the world.

  • Cautious on heat-not-burn

    Cautious on heat-not-burn

    The European Commission is in favor of a cautious approach to heat-not-burn products because it believes that there is a lack of evidence relating to the short- and long-term health effects of using such devices.

    This was part of the answer given by the Commission to questions raised by the Belgian MEP, Frédérique Ries.

    In a preamble to her questions, Ries said that Philip Morris International had said that it intended to market its new ‘device for smoking’ in the UK, following its initial launch in Japan, Italy and Switzerland.

    ‘The distinctive feature of this new product, which has been named iQOS, is that it stands on the borderline between traditional cigarettes and electronic cigarettes,’ she said.

    ‘The major difference between iQOS and electronic cigarettes is that while the latter use a liquid transformed into vapor, IQOS heats the tobacco and keeps it burning [iQOS has been designed so as not to burn the tobacco it contains, only to heat it, as is implied in part of the Commission’s reply], which is very harmful to health.’

    Ries asked whether the Commission concurred with health experts who claimed that marketing a hybrid tobacco product of this kind was a ploy to circumvent legislation in force and, in particular, all the requirements laid down in Article 19 of Directive 2014/40/EU concerning novel tobacco products.

    ‘What steps will the Commission take to thwart the strategies employed by cigarette manufacturers to sell alternative products that are still just as harmful to people’s health?’ she asked.

    ‘Will the Commission take this opportunity to alter its negative views on electronic cigarettes, which, as a growing number of cancer experts in the EU are now pointing out, do not contain any tobacco or tar and are helping many people to stop smoking?’

    In reply, the Commission said it was closely monitoring the developments related to new tobacco products, including “heated not burned” tobacco products.

    ‘Currently, there is lack of evidence relating to short-term and long-term health effects and use patterns of these products,’ it said. ‘Therefore the Commission is in favour of a cautious approach.

    ‘At the same time, the Commission would like to underline that with regard to the sale, presentation and manufacturing of these products within the European Union, the relevant provisions of the Tobacco Products Directive apply and should be enforced. This includes the ban on misleading elements foreseen by Article 13 and notably any suggestions that a particular tobacco product is less harmful than others. The Commission oversees whether member states fully and correctly apply the provisions of the directive.

    ‘With regard to e-cigarettes, given the lack of conclusive evidence relating to the long-term health effects, use patterns and potential to facilitate smoking cessation, Article 20 of the directive contains their regulation with an emphasis on safety, quality and consumer protection.

    ‘The rules for e-cigarettes nevertheless allow these products to remain widely available to consumers. A recent Commission report COM (2016) 269 underlines a number of potential risks to public health relating to the use of e-cigarettes, at the same time highlighting the need for further research.’