Italy tightens measures against use of tobacco, e-cigarettes and heated tobacco

In affirming his intention to achieve a tobacco-free generation in Italy, the Minister of Health has presented new measures against tobacco and nicotine products. The bans on smoking and vaping outdoors are extended to include e-cigarettes and heated tobacco, closed smoking areas are removed. The ban on advertising is extended to all nicotine products.

The presentation on 17 January 2023 of new anti-smoking and anti-nicotine measures by Italian Health Minister Orazio Schillaci came just twenty years after the introduction of the Sirchia law, in force since 2005 and establishing comprehensive bans on smoking in enclosed public places, bars and restaurants. Italy was at the time a leading country in this fight against smoking, but has since moved towards a certain complacency towards the tobacco industry by becoming a beachhead in Europe for the IQOS heated tobacco device, from Philip Morris International (PMI).

A turning point seems to be emerging today in favour of public health, with the Minister of Health having declared his intention to adapt the European directive preparing a tobacco-free generation for 2040, where less than 5% of the population would be smokers.[1]After falling from 2005 to 2021, smoking prevalence has increased again in Italy to stand today at 25,%, with 800,000 new smokers in the last two years.

Restrictions on use in enclosed spaces and outdoor areas

Among the measures announced is the extension of smoke-free outdoor areas in the presence of children or pregnant women. Smoke-free outdoor areas had previously only been adopted in local level, limited to parks and bus stations in the city of Milan[2]In the south of the country, the city of Puglia was considering making its beaches non-smoking in July 2023.

Smoking areas located in enclosed spaces will no longer be permitted. The use of electronic cigarettes and heated tobacco devices will be aligned with that of tobacco products, thus breaking with the argument of some manufacturers of being able to consume "in places where smoking is not permitted".

This alignment of the legislation on electronic cigarettes and heated tobacco devices with that of tobacco products also includes the ban on advertising them. The ban on advertising is also extended to all nicotine products, in anticipation of new products appearing on the market, such as nicotine pouches at present.

Italy's U-turn on heated tobacco issue

Italy’s U-turn on heated tobacco deserves attention. PMI had made the country its first Western European base for its IQOS heated tobacco device, including setting up a factory there – inaugurated in 2016 by Italian Prime Minister Matteo Renzi[3]. Intensive lobbying work was also undertaken with Italian political decision-makers, particularly with the 5 Star Movement, in order to maintain a position for this product. very advantageous taxation. Along with Greece, Bulgaria and Cyprus, countries also experiencing strong pressure from PMI, Italy had opposed to the European Commission Delegated Directive 2022/2100, published on 3 November 2022. This aims to remove the exemptions granted to heated tobacco products, in particular with regard to flavours and taxes[4].

Health Minister Orazio Schillaci clarified that "This process is intended to ensure that the multiple interests linked to tobacco products, including at the level of economic ministers, do not override those of health protection.", suggesting the differences on this subject between the different members of the government. However, it remains to translate this intention into law and, above all, to ensure that it is respected.

Keywords: Italy, Orazio Schillaci, heated tobacco, European directive

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[1] Pascale F, Italy to ban indoor vaping, Euractiv, published January 18, 2023, accessed January 23, 2023.

[2] Speak C, How is Italy planning to tighten laws on smoking?, The Local, published January 19, 2023, accessed January 23, 2023.

[3] PMI's IQOS: inauguration of the Italian factory, Le Monde du Tabac, published September 28, 2016, consulted January 23, 2023.

[4] Delegated Directive (EU) 2022/2100 of the European Commission of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions for heated tobacco products.