Europe needs stronger, future-proof tobacco and nicotine legislation
In an open letter to Commissioner Olivér Várhelyi, the organisations express their strong support for a recent initiative by a group of EU Member States calling for a more ambitious and future-proof directive. They call on the Commission to translate this ambition into its forthcoming legislative proposal.
The organisations warn that the rapid expansion and diversification of tobacco and nicotine products are exposing gaps in the existing regulatory framework, while creating new pathways to nicotine dependence, particularly among children and young people.
Around 4 million adolescents aged 13–15 in the WHO European Region use tobacco, while 14.3% use e-cigarettes – the highest adolescent e-cigarette use prevalence of any WHO region.
A future-proof framework that puts public health first
We should move away from reacting to new products after they enter the market to anticipating future developments and preventing new forms of nicotine dependence. Their initiative sets out concrete measures to close regulatory loopholes, reduce the appeal of tobacco and nicotine products, and ensure that public health protections keep pace with an evolving market.
The organisations call on the European Commission to ensure that the forthcoming revision:
Prevent new nicotine products from entering the market, including through a proposed market freeze covering new nicotine-containing products, substances with nicotine-like properties and relevant delivery devices.
Make tobacco and nicotine products less attractive to young people, through measures including strict maximum nicotine levels, a broad flavour ban, standardised products and devices, and plain packaging.
Close loopholes in advertising and promotion rules, extending restrictions across communication channels, including social media, and addressing promotion by influencers and other third parties, while requiring platforms to take a more proactive role in preventing and removing promotional content.
Protect Member States’ ability to adopt stronger national measures, including restrictions or bans on nicotine pouches, cross-border distance sales and products with significant environmental impacts, such as single-use electronic cigarettes.
Protect public health policymaking from tobacco industry interference, in line with Article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC).
These proposals recognise that effective tobacco control requires more than regulating individual products as they emerge. The forthcoming revision of the Tobacco Products Directive and Tobacco Advertising Directive must establish a comprehensive, future-proof framework that addresses the wider market, its marketing practices and the rapid development of new products.
With the EU committed to achieving a smoke-free generation by 2040, the Member States’ initiative provides an important opportunity to raise the level of ambition in European tobacco and nicotine control. ECDA and SFP urge the European Commission to reflect these proposals in its forthcoming legislation and stand ready to contribute their expertise and evidence to support a framework that protects current and future generations from tobacco-related disease and nicotine dependence.