“Political decisions” on the future of new tobacco and nicotine products in Europe would be taken by the next European Commission, EU spokesman Stefan de Keersmaecker announced, according to Euractiv.
The EU Commission is currently undertaking a comprehensive assessment of the EU’s tobacco control legislative framework, the Tobacco Products Directive (TPD), including through extensive public consultation. The existing Directive covers traditional cigarettes and new products, such as e-cigarettes and heated tobacco, imposing severe restrictions.
Proponents of “novel products” argue that they are far less harmful than traditional cigarettes and should therefore be treated differently. However, the EU and the World Health Organisation (WHO) insist that “less harmful” means “still harmful,” stating that long-term health effects are not realised or ignored
However, the Directive does not include new products that have emerged since the adoption of EU legislation, i.e. products that do not contain tobacco, such as oral nicotine pouches. Due to the lack of an EU framework, Member States have regulated them in different ways. For instance, Finland and Denmark legalised them on the market, whereas Belgium and the Netherlands banned them.
Keersmaecker stated that a possible revision of the Tobacco Products Directive and what it covers would depend on the results of the evaluation and public consultation and would be subject to a thorough impact assessment.
The political decisions in this respect will be taken by the next Commission, in light of the above preparatory steps.
Swedish snus is another tobacco product that is seeking a foothold in the EU market. Snus is a moist oral tobacco product dating back to the 18th century and was banned in 1992, before Stockholm joined the EU. A Commission spokesman informed that the product would also be part of the directive’s evaluation.
Patrik Strömer, Secretary-General of the Swedish Snus Manufacturers’ Association, argued that it would be difficult for Brussels to take a step back for two reasons.
“One is that it’s very difficult to admit that you’ve been wrong for a long time, and the second […] is that they don’t want another source of nicotine because nicotine is an addictive substance.”
Strömer explained that, unlike 30 years ago, the case for snus is now a “live experiment.” At the EU level, according to Eurostat, Sweden has the lowest smoking rate and is estimated to be the first country to become smoke-free, as less than 5 per cent of adults smoke in this country.
Stella Kyriakides, EU Commissioner for Health and Food Safety, stated:
The growing popularity of nicotine pouches raises serious public health concerns and represents an increasing challenge for the internal market.
Nicotine pouches are oral pouches containing nicotine, whereas nicotine patches are patches containing nicotine that are applied to the skin, according to the European Commission. Neither of these products contain tobacco.
Nicotine patches are used in nicotine replacement therapy (NRT), with WHO listing them on the WHO Model List of Essential Medicines products. However, snus companies have also started to produce so-called “All White” snus that contains only nicotine.
