Top of page

Article European Union: Prohibition on Flavored Heated Tobacco Products Enters into Force

On November 23, 2022, a prohibition on placing flavored heated tobacco products on the market entered into force in the European Union (EU). A heated tobacco product is defined as a “novel tobacco product that is heated to produce an emission containing nicotine and other chemicals, which is then inhaled by user(s), and that, depending on its characteristics, is a smokeless tobacco product or a tobacco product for smoking.” (Commission Delegated Directive (EU) 2022/2100, art. 1, para. 1.) They are not the same as electronic cigarettes (e-cigarettes), which heat liquids instead of tobacco leaves. The prohibition is part of the Europe’s Beating Cancer Plan to “create a “Tobacco-Free Generation” where less than 5% of the population [in the EU] uses tobacco by 2040, compared to around 25% today.”

EU member states must implement the prohibition into national law by July 23, 2023, and apply the provisions from October 23, 2023. (Art. 2.)

Background on Tobacco and E-Cigarette Regulation in the EU

The Tobacco Products Directive provides rules on the manufacture, presentation, and sale of cigarettes, roll-your-own tobacco, pipe tobacco, cigars, cigarillos, smokeless tobacco, e-cigarettes, and herbal products for smoking. Among other things, it requires health warnings on packets, prohibits flavors and slim packaging, sets out safety and quality rules for nicotine-containing e-cigarettes, and obligates manufacturers to submit reports on ingredients used in their products to member state authorities. Member states had to transpose the Tobacco Products Directive into national law by May 20, 2016.

Article 7, paragraphs 1 and 7 of the Tobacco Products Directive ban placing tobacco products with a characterizing flavor and tobacco products containing flavorings in any of their components on the EU market. However, tobacco products other than cigarettes and roll-your-own tobacco are exempted from the ban. (Tobacco Products Directive art. 7, para. 12.) The European Commission is authorized to adopt delegated acts to withdraw an exemption for a particular product category if there is a “substantial change of circumstances as established in a Commission report.” (Art.7, para. 12, art. 27.) A “substantial change of circumstances” is defined as “an increase of the sales volumes by product category by at least 10% in at least five Member States,” whereby “the sales volume of the product category at retail level … exceed[s] 2,5 % of total sales of tobacco products at Union level.” (Art. 2, no. 28.) In June 2022, the Commission published a report which found that the sales volume of heated tobacco products had increased by more than 10% in 10 member states and that the sales volume of heated tobacco products at retail level corresponded to 3.33% of the total sales volume.

Jenny Gesley, Law Library of Congress
January 3, 2023
Read more Global Legal Monitor articles.

About this Item

Title

  • European Union: Prohibition on Flavored Heated Tobacco Products Enters into Force

Online Format

  • web page

Rights & Access

Publications of the Library of Congress are works of the United States Government as defined in the United States Code 17 U.S.C. §105 and therefore are not subject to copyright and are free to use and reuse.  The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal. 

More about Copyright and other Restrictions.

For guidance about compiling full citations consult Citing Primary Sources.

Credit Line: Law Library of Congress

Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Gesley, Jenny. European Union: Prohibition on Flavored Heated Tobacco Products Enters into Force. 2023. Web Page. https://www.loc.gov/item/global-legal-monitor/2023-01-02/european-union-prohibition-on-flavored-heated-tobacco-products-enters-into-force/.

APA citation style:

Gesley, J. (2023) European Union: Prohibition on Flavored Heated Tobacco Products Enters into Force. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2023-01-02/european-union-prohibition-on-flavored-heated-tobacco-products-enters-into-force/.

MLA citation style:

Gesley, Jenny. European Union: Prohibition on Flavored Heated Tobacco Products Enters into Force. 2023. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2023-01-02/european-union-prohibition-on-flavored-heated-tobacco-products-enters-into-force/>.