Heated Tobacco Flavor Ban Begins on Nov. 23 in EU

The European Union on Nov. 3 published the directive officially banning flavors in heated tobacco product throughout the union, reports TobaccoIntelligence.

The publication follows the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.

The ban, which covers all flavors except tobacco, officially takes effect Nov. 23. EU member states than have until July 23, 2023, to transpose the rule into national legislation.

In the runup to the ban, critics suggested the European Commission was overstepping its delegated powers by introducing a new legal category – of heated tobacco products.

Some member states raised concerns over whether the Commission was empowered to introduce a definition of a new category of tobacco products in a Delegated Act.

More recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement, saying the introduction of a definition of heated tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process.”