European Union bans flavourings in heated tobacco

On 3 November 2022, the European Commission published the directive 2022/2100 banning characteristic flavours for heated tobacco products, and imposing health warnings comparable to those for other cigarettes.

The European Commission had declared the June 29 The latter wanted to ban the sale of all flavoured heated tobacco products as part of its goal of a tobacco-free generation in the European Union (EU) by 2040. As a reminder, characterising flavours have been banned since May 2016 for traditional cigarettes and rolling tobacco in the European Union, and since May 2020 for menthol products.

As for the heated tobacco refills found in France (IQOS), there are currently 7 flavors available. The descriptions of these flavors as well as their names are intentionally evasive and avoid traditional flavor categories by generally using colors with descriptors such as menthol, citrus, nuts, dried fruits, vanilla, cocoa and herbs.

The review period ended on 29 October 2022 and the delegated directive will enter into force on 23 November. Member States will have to transpose it into national law by 23 July 2023 at the latest and apply these provisions from 23 October 2023. Member States will also have to communicate to the Commission the text of the main provisions of national law that they adopt in the area covered by this directive.

Heated tobacco boom in Europe due to aggressive industry marketing

For Smoke-Free Partnership (SFP)[1], a coalition of 50 European organisations working towards the effective implementation of the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC), the implementation of the Directive by Member States is an important step towards curbing the heavy marketing of these products and the associated consumption. For SFP, one of the next major axes of the implementation of the European Beating Cancer Plan should be the revision of the current Tobacco Products Directive and the obligation for heated tobacco products to comply with all the provisions applied to other tobacco products.

The volume of retail sales of heated tobacco products corresponds to 3.3 billion of the total volume of sales of all tobacco products at EU level in 2020, as indicated in a Commission report. From 2018 to 2020, sales of heated tobacco exploded in Europe, from 924 million to 19.7 billion, an increase of more than 2 000 billion, with significant increases in France (+4 061 billion), Portugal (1 801 billion) and the Netherlands (1 531 billion) according to this report Commission report published in June. Philip Morris International (with its IQOS device) and British American Tobacco (with the Glo device) are the two main manufacturers of this type of product.

In France, Philip Morris is the only manufacturer that markets heated tobacco under the IQOS brand, which it aggressively and illicitly promotes in tobacco stores. The manufacturer promotes its device as a risk reduction tool to policy makers and seeks to relax the regulations in force on these new tobacco products.

Opposition from some member countries

This ban has raised opposition from some member states, in particular Bulgaria, Cyprus, Greece and Italy, which have published a joint statement, stating that the introduction of a definition of heated tobacco products " goes beyond the power delegated under Directive 2014/40/EU and involves essential elements reserved for European legislators and, as such, should be subject to the ordinary legislative scrutiny process. »

The governments of these countries are subject to heavy interference from the tobacco industry, particularly Philip Morris. The latter massively promotes its heated tobacco, which has become a widely consumed product in southern and eastern European countries.[2]. Similarly, in Italy in November 2020, the Italian political news daily Il Riformista revealed that Casaleggio Associati, "the company entrusted with the task of organizing the internal democracy of the M5S [5 Star Movement]", had received more than 2 million euros from Philip Morris for consulting between September 2017 and October 2020. The party then reduced taxes on heated tobacco products by 75 %[3].

In Bulgaria, a recent report shows how the tobacco industry uses third-party groups to get its messages across to the public, prescribers and policy makers in the country. Several front groups, funded by the local branch of Philip Morris, have been lobbying for heated tobacco and lower taxes on these products.[4]. In Greece[5], Philip Morris has invested in several tourist sites that have completely banned cigarettes to promote heated tobacco by offering this "alternative" deemed by the manufacturer to be less harmful while an independent study does not confirm this statement. During the health crisis in 2020[6], PMI had also donated several protective equipment and ventilators to hospitals, an act which had been “welcomed” by the Greek Minister of Health.

Keywords: Flavors, heated tobacco, ban, European Commission, European Union, IQOS

©Generation Without Tobacco

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[1] SFP welcomes the European Commission's Delegated Directive banning flavors in heated tobacco products and imposing mandatory labeling requirements, Smoke-Free Partnership, published November 7, 2022, accessed November 16, 2022 [2] Tobacco-free generation, Europe, the tobacco industry is exploiting the Covid19 pandemic, published October 15, 2020, accessed November 16, 2022 [3] Tobacco-free generation, Italy: Tax relief on heated tobacco products raises questions, published on December 4, 2020, consulted on November 16, 2022 [4] Tobacco-free generation, The role of tobacco industry front groups in Bulgaria, published June 2, 2022, accessed November 16, 2022 [5] Tobacco-free generation, Philip Morris' offensive in Greece, published on March 31, 2020, consulted on November 16, 2022 [6] Tobacco-free generation, When Philip Morris profits from the COVID 19 pandemic, published on April 8, 2020, consulted on November 16, 2022 National Committee Against Smoking |