Tobacco Industry Circumvents Heated Tobacco Regulations with Tobacco-Free Refills

Reuters media reports that two tobacco manufacturers, Philip Morris International (PMI)[1] and British American Tobacco (BAT)[2] have launched a new tobacco-free product to be used with their heated tobacco devices (IQOS and Glo). The aim is to circumvent certain regulations adopted in the European Union relating to these products, in particular the ban on flavours.

PMI has developed a range of sticks, called LEVIA, which do not contain tobacco but a "tobacco-free substrate" infused with nicotine, with flavours such as tobacco, menthol, blueberry or peppermint. BAT has revealed that its sticks are made from nicotine-infused substances such as rooibos tea.

Products designed to circumvent European regulations

In November 2022, the European Commission published the directive 2022/2100 which prohibits characterising flavours in heated tobacco products and imposes health warnings comparable to those for other cigarettes. These provisions are scheduled to enter into force today, 23 October 2023, in all Member States.

PMI CEO Jacek Olczak said in an investor presentation that the new LEVIA product could avoid high taxation and various obligations imposed on the manufacturer's other tobacco products. LEVIA " will not be subject to the same flavor regulations in some jurisdictions (European Union) » and « does not match " to existing tax categories," Olczak continued, adding that PMI was in discussions with regulators in some target markets to learn how those authorities planned to classify these products.

Manufacturer BAT has made similar statements, saying such products would allow the company to sell rooibos sticks in flavors such as peppermint and tropical fruit even after the ban on flavored heated tobacco products goes into effect. The rooibos heat sticks are already available in Germany on BAT’s official heated tobacco website and are priced at €5.80, the same as most current flavored heated tobacco sticks. While the new product is not subject to the same level of taxes as tobacco products, the pricing policy was confirmed by the company to Reuters.

Strong pressure from the tobacco industry in public policies

The European directive banning characterising flavours for heated tobacco products has generated opposition from member states that are very susceptible to industry interests, particularly in the east and south of the EU where heated tobacco products are heavily promoted and benefit from favourable regulations.[3].

Several tobacco manufacturers have also put pressure on several member states including France and also against the European Commission.[4] through legal proceedings arguing that the European Commission had exceeded its powers. The tobacco industry justifies its decision to initiate legal proceedings because of the supposedly less harmful nature of heated tobacco[5]The availability of flavors remains a major marketing argument for manufacturers because they allow them to directly target the youngest, who are very receptive to the question of flavors.

To cope with the decline in overall tobacco consumption, the tobacco industry is flooding the market with "alternatives" to nicotine (heated tobacco, electronic cigarettes, nicotine pouches, etc.) which it actively promotes to better circumvent strict regulations that prevent it from developing these products.

Keywords: heated tobacco, philip morris, british american tobacco, regulation, interference, flavors

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[1] Emma Rumney, Philip Morris develops zero-tobacco heat stick that may avoid regulations, Reuters, published September 28, 2023, accessed October 23, 2023

[2] Emma Rumney, Big Tobacco turns to rooibos tea to counter upcoming ban, Reuters, published October 16, 2023, accessed October 23, 2023

[3] Tobacco-free generation, European Union bans flavourings in heated tobacco, published on November 17, 2022, consulted on October 23, 2023

[4] Tobacco-free generation, Legal pressure on the European Commission over heated tobacco, published October 21, 2023, accessed October 23, 2023

[5] Tobacco-free generation, Ban on Flavors for Heated Tobacco: BAT Protests and Sues Ireland, published on December 22, 2022, consulted on October 23, 2023