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EU Heated Tobacco Flavor Ban

Time: 2022-11-07

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EU Heated Tobacco Flavor Ban to Take Effect on November 23

On November 7th, according to TobaccoIntelligence reports, the European Union issued the directive on November 3rd, and the entire EU will ban the use of flavors in heated tobacco products.


The publication of Commission Authorization Directive (EU) 2022/2100 follows the end of a review period on 29 October, during which neither the Council of the European Union nor the European Parliament raised any objections to the ban.


The ban, which covers all flavours except tobacco, has now been finalised after a lengthy process - 11 months since the issue was first raised by a panel of tobacco policy experts.


The directive also removes the right of member states to grant heated tobacco products exemptions from the requirement to carry health warnings as smoking products.


The ban, which covers all flavors except tobacco, goes into effect on November 23. EU member states have until July 23, 2023, to translate the rule into national legislation.


Before the ban, critics said the European Commission had gone beyond its mandate by introducing a new legal category - heated tobacco products.


Some Member States have expressed concern about the Commission's authority to introduce definitions of new categories of tobacco products in the Delegated Act.


Recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement stating that the introduction of the definition of heated tobacco products goes beyond the scope of the mandate under Directive 2014/40/EU, involving essential elements reserved for European legislators, and as such , should be referred to the ordinary legislative review process.


what does that mean:


The rise of novel tobacco products has led to the EU reassessing its tobacco control policies, especially given the ongoing revision of the Tobacco Products Directive (TPD) and the Tobacco Excise Directive (TED). Flavor bans on heated tobacco products will not be widely welcomed by harm reduction advocates.



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