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Global Tobacco Legislation

October 2022

All but uniquely among fmcg industries, tobacco legislation is not simply a guiding element or a means of enforcing consumer standards but a central determining factor in the performance of tobacco markets. As the cumulative de-normalising impact of regulation and taxation drives down smoking prevalence worldwide, regulators are looking to the margins, towards next-generation measures that impair the revenue-generating capacity of manufacturers and further restrict access to tobacco products.

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Key findings

Plain packaging spreading across regions

Since December 2012, when Australia became the first country in the world to fully implement plain packaging regulations, 18 more across regions have followed suit. A growing number of countries are now also openly considering the measure and it is likely to be extended to other categories such as e-vapour and heated tobacco.

Flavour and menthol bans not just for cigarettes

The menthol ban on cigarettes was already implemented in the EU on 20 May 2020 and this measure is likely to be enforced in the US in the near future. This adds further momentum to flavour restrictions that could be replicated across other countries and be extended to other category products such as flavoured e-vapour products, that are suffering closer scrutiny globally.

Taxation on e-vapour and heated tobacco under discussion

With international tobacco manufacturers increasingly openly referring to a near future in which the combustion of tobacco is no longer mainstream, taxation of potentially reduced risk products is likely to reshape the tobacco industry globally. The US and the EU are already taking the first steps in e-vapour and heated tobacco legislation that might lead not just to further taxation but also stricter provisions in terms of product use.

Next-generation measures to curb smoking prevalence

The potential introduction of more aggressive measures to tackle smoking prevalence, in particular the birth year ban, is likely to put further pressure on tobacco sales. Plans to phase out smoking by gradually raising the legal age or adding written health warnings printed on individual cigarettes are expected to resonate well across countries and to spread globally, accelerating the shift away from combustible cigarettes where novel tobacco products are allowed and not subjected to the same legal framework as cigarettes.

Scope
Key findings
Legislation overview
The three tiers of legislation
The next generation of regulations enters the mainstream
Plain packaging: Spreading globally and towards other categories
2022: Plain packaging
2030: Plain packaging projection
FDA: Menthol cigarettes ban on course to be implemented
FDA: Stricter scrutiny on flavoured e-vapour products (1)
FDA: Stricter scrutiny on flavoured e-vapour products (2)
FDA: Stricter scrutiny on flavoured e-vapour products (3)
Heated tobacco: FDA approval to facilitate heated tobacco expansion
EUTPD II Track & Trace (Article 15): Approaching implementation
EUTPD/TED: Taxation on new tobacco products under discussion
EUTPD: E-vapour products in the spotlight
UK: Brexit pushes legal framework review
UK: Khan report calls for further actions to make smoking obsolete
2022: Global overview of e-cigarette regulation
E-cigarettes and HTP: Current legislative “status quo”
Future of vapour legislation: Three scenarios
Vapour legislation: Major developments in the EU and the US
Modified risk claims: Snus and heated tobacco take the lead
Closer scrutiny on nicotine pouches expected from regulators
Turbo taxation: Australasia and Europe at the forefront
Raising the legal tobacco purchase age: “Tobacco 21” and beyond
Birth year ban becomes a major threat for the industry
Nicotine reduction shifting the industry’s trajectory?
Sustainability set to play a key role for the tobacco industry
Sustainability: Cigarette butts set to face tougher restrictions
Sustainability: Recycling schemes to tackle product waste
Sustainability: Due diligence legislation discussed in the EU
Cannabis legislation: Quick changes and tobacco involvement
Cannabis legislation: Mirroring tobacco restrictions
Supply chain disruption: Tobacco growers face multiple pressures
Western Europe legislation: Summary table
Western Europe: Overview
Belgium: Further restrictions set to impact tobacco sales
Denmark: First European country to consider birth year ban
Finland: Plain packaging to be enforced from 2023
Eastern Europe legislation: Summary table
Eastern Europe: Overview
Ukraine: New tobacco control law to reduce smoking prevalence
Lithuania: Flavoured e-vapour products prohibited
Latin America legislation: Summary table
Latin America: Overview
Brazil: E-vapour products remain illegal
Mexico: Tobacco law restricts tobacco advertising
North America: Overview and summary table
US: Political attempts to raise tobacco taxes unsuccessful
Canada: Health warnings on individual cigarettes under consideration
Asia Pacific legislation: Summary table
Asia Pacific: Overview
China: Further requirements for e-vapour products
Thailand: 5-year action plan to curb smoking prevalence
Taiwan: Tobacco Hazards Prevention Act set to be reformed
Singapore: Birth year ban on the horizon
Cambodia: New graphic health warning
Australasia legislation: Overview and summary table
Australia: Further scrutiny on e- vapour products
New Zealand: Birth year ban to accelerate smoke-free goals
Middle East and Africa legislation: Summary table
Middle East and Africa: Overview
Saudi Arabia: Tax on shisha to discourage tobacco consumption
Nigeria: New tax regime to curb smoking prevalence

Tobacco

Passport Tobacco covers the seven major tobacco categories: Cigarettes, Cigars & Cigarillos, Smoking tobacco (made up of Pipe tobacco and RYO tobacco), Smokeless Tobacco (snuff and chewing tobacco), E-Vapour Products (closed and open); Heated Tobacco; and Tobacco Free Oral Nicotine. Smoking paraphernalia such as pipes, rolling papers, lighters or matches, etc., are not included, nor are nicotine replacement therapy (NRT) products, which are part of Euromonitor's Passport Consumer Healthcare database.

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