On June 29, 2022, the European Commission (EC) revised the European Parliament (EP) and the European Council’s regulations on EU tobacco product Directive(TPD) 2014/40/EU on the manufacture, display and sale of related products. This revision mainly revokes certain exemptions for heated tobacco products.
According to regulations, member states must adopt or promulgate national requirements in the form of statutes, regulations or administrative provisions to comply with this authorization directive no later than July 23, 2023. These member state “requirements” will be mandatory in the EU or European Economic Area (EEA) together with the authorization directive on October 23, 2023 (including the three non-EU member countries of Iceland, Liechtenstein, and Norway, which must be based on European freedoms). The agreement reached between the EFTA trade area and the EU takes effect in specific ways and conditions).
This revision involves two parts:
1. Paragraph 12 of Article 7 – Originally exempted all tobacco products except cigarettes and roll-your-own cigarettes from the requirements of paragraphs 1 and 7 of Article 7, that is,
① Member states should ban tobacco products with distinctive flavors from being placed on the market;
② Member states should prohibit any component of tobacco products – such as filters, rolling papers, packaging, capsules or any component that can change the technical characteristics such as smell or taste or smoke intensity – containing flavorings from being placed on the EU market. Filters, rolling papers and capsules must not contain tobacco or nicotine.
After this revision, heated tobacco products no longer fall into the exemption category of this article, that is, heated tobacco products must also meet the requirements of ① and ②. The Commission can still later amend its original exemption of specific product types of tobacco products through authorization bills.
Additional explanation: Heated tobacco products refer to new tobacco products that are heated to produce releases containing nicotine or other chemical substances, and then inhaled by users (e-cigarette products are among them). Depending on the characteristics of the product itself, it can be smokeless. Tobacco products or smoking tobacco products.
2. Article 11 – Labeling requirements exclude heated tobacco products. In particular, part of the first subparagraph of paragraph 1 has been replaced. In particular, heated tobacco products are excluded from the list of exempt tobacco products under specific provisions, that is, heated tobacco products are also obliged to carry
① Information in paragraph 2 of Article 9: Each unit package and any outer packaging of tobacco products should carry the following information – Tobacco smoke contains over 70 substances known to cause cancer (Tobacco smoke contains more than 70 substances known to cause cancer) substances known to cause cancer).
②Comprehensive health warning in Article 10.
a) General warning message in Article 9, Paragraph 1. Each unit package and any outer packaging of smoking tobacco products
There should be one of the following general warnings:
(1) Smoking kills – quit now
(2) Smoking kills
This warning should also be provided with reference information for smoking cessation services referred to in Article 10, paragraph 1, point b – such as telephone numbers, email addresses or Internet addresses – the purpose of which is to inform consumers of those easily accessible Get options for helping people who want to quit smoking.
b) Each unit package and any outer packaging should have one of the warnings in Annex I:
(1) Smoking causes 9 out of 10 lung cancers;
(2) Smoking causes mouth and throat cancer;
(3) Smoking damages your lungs;
(4) Smoking causes heart attacks;
(5) Smoking causes strokes and disability;
(6) Smoking clogs your arteries;
(7) Smoking increases the risk of blindness;
(8) Smoking damages your teeth and gums;
(9) Smoking can kill your unborn child;
(10) Your smoke harms your children, family and friends;
(11) Smokers’ children are more likely to start smoking;
(12) Quit smoking – stay alive for those close to you;
(13) Smoking reduces fertility;
(14) Smoking increases the risk of impotence.
Although heated tobacco products belong to a product category newly separated from the original exemption provisions, the new requirements related to packaging can refer to the packaging style of traditional tobacco that was not exempted originally, as shown below:
