The European Commission has opened a public comment period to gather feedback on potential revisions to EU tobacco rules, amid heated debates and divergent member state regulations for new, non-combustible tobacco and nicotine products.

The Commission’s latest tobacco-related “Call for Evidence” opened on May 18 with the aim of gathering more information on how to update regulations to better protect public health and ensure the proper functioning of the internal market.

The Call for Evidence is open until June 15. Any individual or organisation can submit a comment or provide feedback via an online portal. 

It builds on the Commission’s recently published evaluation of the EU’s tobacco control framework. The report found that tobacco control measures have had an impact, but overall smoking prevalence in the EU remains at 24 percent, down from 28 percent in 2012.

Sweden EU’s leading smoke-free country

By comparison, smoking prevalence in Sweden – the only EU country where smoke-free Swedish snus can be sold legally – has fallen to under 5 percent, according to the latest figures.

“The EU should of course consult the public when shaping new regulations, but they should also look at what’s working in their own backyard,” says Patrik Strömer, Secretary General of the Association of Swedish Snus Manufacturers.

The Call for Evidence is the latest step in a long and drawn-out effort to update the EU’s Tobacco Products Directive (TPD) and Tobacco Advertising Directive (TAD).

More than a decade has passed since the EU last updated the TPD, and the nicotine market has evolved significantly since then. E-cigarettes, nicotine pouches, and other non-combustible alternatives have gained in popularity but aren’t covered by current regulations.

EU tobacco regulations at a crossroads

The regulatory vacuum has resulted in member states taking matters into their own hands, resulting in an inconsistent potpourri of regulatory frameworks.

Sweden, for example, passed legislation regulating tobacco-free nicotine products in 2022 that banned sales to minors, mandated health warnings, and included marketing restrictions. There were no restrictions on flavours.

Elsewhere, Denmark and Finland have implemented flavour restrictions, while the Czech Republic has introduced a nicotine cap of 10 mg per pouch. 

France, Belgium, and the Netherlands have outlawed nicotine pouches altogether, citing fears the products are popular with minors and may serve as a gateway to smoking.

Várhelyi’s nicotine misinformation 

Current EU health commissioner Olivér Várhelyi has been outspoken in his skepticism about nicotine pouches, claiming they are “pulling a new generation into addiction” and putting young people at risk for cancer-related and cardiovascular health risks.

“If regulation fails to catch up, Europe risks replacing declining smoking rates with a new epidemic of nicotine addiction,” he said in a statement when the Commission’s Evaluation was published in April.

Várhelyi has faced strong criticism from researchers who earlier this year sent an open letter to European Commission President Ursula von der Leyen, accusing him of “false and misleading” statements about nicotine.

Better harmonisation, improved public health

While Strömer also disputes the commissioner’s views about nicotine, he agrees on the need for nicotine regulations to catch up to current realities and for better harmonisation across the EU.

He hopes the current public comment period will result in input that forces the Commission to “think carefully” about which path to choose when regulating new nicotine products. The health of millions of smokers across the region is at stake.

“France has a smoking prevalence that’s more than five times higher than Sweden – a country that has a proven record of sensible regulation that restricts deadly cigarettes while preserving consumers’ ability to choose less harmful alternatives,” he says.

“If the Commission is serious about lowering smoking rates and protecting the health of European citizens, it’s hard to see why they would look to France for inspiration rather than Sweden.”

In addition to the Call for Evidence, the Commission also plans a Public Consultation in the coming months. The feedback gathered from both the Call for Evidence and Public Consultation will then be used by the Commission in shaping the revisions to the TPD.