European Commission approves revised tobacco laws

The revised Tobacco Products Directive left on ice following the resignation of John Dalli as health commissioner was launched today by his successor Tonio Borg, and do not contain a requirement for plain packaging on cigarette packs or a ban on displaying cigarettes in stores, as feared by tobacco companies.

After years in the making, the European Commission adopted revised laws on how tobacco products can be manufactured, presented, and sold.

More specifically, it bans the use of cigarettes, roll-your-own tobacco (RYO) and smokeless tobacco products with characterising flavours and makes use of large pictorial health warnings mandatory on cigarettes and loose tobacco.

It regulates cross border internet sale and foresees technical features to combat illicit trade. Moreover, measures are proposed for products that were not specifically regulated so far such as e-cigarettes and herbal products for smoking. Chewing and nasal tobacco will be subject to specific labelling and ingredient regulations. The existing ban for oral tobacco (snus) shall be maintained.

The proposal foresees major revisions of the current directive.

All cigarette and Roll Your Own packages must contain a combined picture and text health warning covering 75% of the front and the back of the package and must carry no promotional elements. The current information on tar, nicotine and carbon monoxide, which is perceived as misleading, is replaced by an information message on the side of the pack that tobacco smoke contains more than 70 substances causing cancer. Member States remain free to introduce plain packaging in duly justified cases.

An electronic reporting format for ingredients and emissions will be introduced. The proposal foresees a prohibition for cigarettes, roll your own tobacco and smokeless tobacco that have characterising flavours and a prohibition of products with increased toxicity and addictiveness.

The ban on oral tobacco products (snus) is maintained, except for Sweden which has an exemption. All smokeless tobacco products must carry health warnings on the main surfaces of the package and products with characterising flavours cannot be sold. Novel tobacco products require prior notification.

Electronic cigarettes below a certain nicotine threshold are allowed on the market, but must feature health warnings; above this threshold such products are only allowed if authorised as medicinal products, like nicotine replacement therapies. Herbal cigarettes will have to carry health warnings.

The proposal was adopted following extensive consultation of stakeholders including a public consultation which generated 85,000 responses.

During its preparation, a thorough impact assessment was carried out, evaluating economic, social and health effects of several policy options under consideration. Several external studies were commissioned during the process. 

As a next step, the proposal will be discussed in the European Parliament and in the Council of Ministers. It is expected to be adopted in 2014. It would come into effect from 2015-2016.