REP cigarette butts: cigarillo manufacturers want to pay less

The Cigar Manufacturers' Federation (FFC) believes that its contribution to the Extended Producer Responsibility (EPR) sector should be revised downwards, due to the absence of a plastic filter in certain cigarillos.

The Tobacco Manufacturers' Federation has filed an appeal with the Council of State against Decree 2020-1775, relating to measures concerning REP sectors, as well as against the decree of February 5, 2021 which sets out the specifications for the sector.[1].

Some tobacco products without filters, or containing a filter without plastic

The argument developed by the FFC amounts to saying that the decree operates a "semantic shift" in relation to the anti-waste and circular economy law (AGEC). The latter, which transposes the European SUP directive, relating to single-use plastics, provides that only "tobacco products equipped with filters composed entirely or partly of plastic" are subject to the extended producer responsibility. However, some cigars and cigarillos do not have a filter, while others are composed of a paper filter, and should therefore not be subject to the EPR, according to the FFC. The decree, against which the FFC has filed an appeal, considers, however, that the financial contribution must be made by producers placing on the market "tobacco products equipped with filters containing or not containing plastic".

Tobacco industry seeks to minimise its contribution to EPR

While the FFC's argument is formally admissible, it nevertheless highlights the sector's desire to externalise the costs that its activity generates for the community. In reality, the contributions required under the EPR from the tobacco industry are well below the real costs borne by the public authorities. Indeed, the extended producer responsibility, resulting from the SUP directive, only concerns plastic waste, which is only part of the pollution generated by the tobacco industry, and which evades, for example, the issue of non-plastic but highly toxic tobacco waste. While the tobacco industry is increasing its communication and CSR operations, everything indicates that it is in reality deploying strategies to avoid taking financial responsibility for its environmental impact. In February 2021, an article published by Actu Environnement pointed out the strategies of cigarette manufacturers, which were partly successful, to revise downwards their financial contribution concerning the EPR sector[2].

FT

[1] Waste information, REP cigarette butts: cigarillo manufacturers want to contribute less, 06/15/2022, (accessed 06/21/2022)

[2] Environment News, REP butts: cigarette manufacturers have difficulty accepting their new obligations, 02/19/2021, (accessed 06/21/2022)