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Progressive Regulation

Regulation

Progressive Regulation

Regulating smokeless tobacco and nicotine products

We recognise and support the objectives of governments to reduce smoking rates and the associated health impacts, as well as the role of regulation in achieving these objectives. 

We want to be part of the debate

 

We have been consistently clear in our support for tobacco and nicotine regulation that:

  • Is based on robust evidence;
  • Is tailored to local circumstances;
  • Effectively delivers intended policy goals; and
  • Avoids unintended consequences, such as the growth of illegal markets.

 

Smokeless products are helping smokers to switch

 

Although not risk-free, smokeless tobacco and nicotine products - such as vapour, tobacco heating, herbal heating and nicotine pouch products - offer consumers the opportunity to consume nicotine with reduced risks compared to cigarette smoking.1 

Evidence from various countries suggests that where progressive regulation has been introduced that encourages smokers who would otherwise continue to smoke to choose smokeless alternatives, there is an associated decline in smoking rates.

For example, smoking rates in Sweden, the UK, New Zealand, and Canada have decreased at a faster rate in recent years relative to other countries. We believe this has been driven in large part by policies that have enabled smokers to access a wide range of smokeless alternatives to cigarettes.

Sweden, for example, is close to becoming the first 'smoke-free' European country, with a smoking rate of around 5%, which is years ahead of the 2040 EU target. In addition to traditional education and tobacco control efforts, Sweden has embraced tobacco harm reduction and alternative smokeless products.

 

Progressive regulation can drive tobacco harm reduction

 

Along with the industry, governments and the public health community have a key role to play in maximizing the potential of smokeless products to contribute to tobacco harm reduction. To achieve this objective, these products must be supported by progressive policy regimes and regulation, complemented by responsible industry practices.

Four principles to guide regulation of smokeless products

 

The development of any regulation for smokeless products should:

Regulation should be based on the best available science and evidence for each product category and be proportionate to its relative risk when compared against combustible tobacco products.

Regulation should mandate robust product quality and safety standards to protect consumers,  allow access to smokeless products with satisfying nicotine levels and adult-targeted flavours, and encourage circularity and environmental responsibility among manufacturers, retailers, and consumers.

Regulation should enable adults to access and gain information about the availability of smokeless products while preventing use by the underage.

Regulation should include an effective regime for penalties, sanctions, and enforcement to drive compliance.

A 10-point progressive regulatory framework that reflects these principles

 

  1. Legal access and differentiated regulation: Grant legal access to a wide range of smokeless alternatives to cigarettes and apply differentiated regulation compared with combustible products.
  2. High quality and safety standards: Mandate robust product quality and safety standards to protect consumers and enhance circularity of products, specifically through the removability and replaceability of batteries for vaping and heating devices.
  3. Child-resistance and tamper evident: Require manufacturers to ensure that all products are child-resistant and tamper-evident to secure product integrity.
  4. Nicotine limits: Establish nicotine content ceilings for non-tobacco products while ensuring that nicotine levels remain satisfying for adult smokers.
  5. Prohibit underage use: Outlaw the use and sale of nicotine products by and to underage individuals.
  6. Age verification: Mandate age-verification mechanisms at the point of purchase or delivery. Regulations should also encourage the integration of underage access prevention features and technologies into the packaging and/or devices.
  7. Flavour restrictions: Allow adult-oriented flavours while banning dessert, candy-like, energy drink, soft drink, and cocktail flavours.
  8. Responsible packaging and descriptors: Prohibit packaging designs and descriptors that are uniquely appealing to underage individuals.
  9. Adult-targeted communications: Permit communication with adults at adult-targeted touchpoints and ensure it displays responsible content, including an adults-only sign and appropriate health warnings.
  10. Robust enforcement and sanctions: Provide enforcement authorities with the necessary powers to apply penalties and sanctions to those who fail to comply with regulations, particularly targeting suppliers of non-compliant products and those providing products to underage individuals.

 

A call for collaborative dialogue

 

The regulatory landscape is evolving, and we believe that an increasing number of countries will look to progressive policies and regulations that embrace the tobacco harm reduction potential of smokeless tobacco and nicotine products.

 

At the heart of this evolution is the establishment of a collaborative dialogue that bridges the gap between policymakers, regulators, public health authorities, and the industry. Such a dialogue is crucial for accelerating the momentum towards effective tobacco harm reduction strategies. By fostering mutual understanding, stakeholders can work together to implement measures that support public health objectives while respecting the choices of adult consumers.

 

1. Every reference to Reduced Risk Products in this document is based on the weight of evidence and assuming a complete switch from cigarette smoking. These products are not risk free and are addictive. Our Vapour product Vuse (including Alto, Solo, Ciro and Vibe), and certain products, including Velo, Grizzly, Kodiak, and Camel Snus, which are sold in the U.S., are subject to FDA regulation and no reduced-risk claims will be made as to these products without agency clearance.

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