Responses to a public consultation on the legislative framework for tobacco products are being accepted by the European Commission through May 16. The second phase of the process, which started in 2022, the consultation, got underway in late February.
The survey plainly aims to introduce stricter regulation for e-cigarettes and other low-risk nicotine products, even if it requests feedback on all tobacco products. Changes to the Tobacco Products Directive (TPD) and potentially the Tobacco Advertising Directive will be shaped by the feedback received.
Per sources cited in a Vejpkollen report, the consultation was purposefully crafted to provoke anti-vaping comments. However, it is the sole weapon available to users of nicotine products in Europe to stop prohibitionist laws about vaping from being passed.
In the absence of consumer feedback, the EC will lean toward prohibition.
When the European Union last revised the TPD in 2014, proponents of vaping fought tooth and nail to keep e-cigarettes from being classified as medical devices. Even if that tragedy was avoided, lawmakers nevertheless put several unnecessary regulations on vaping, such as size limitations for tanks and bottles and a maximum nicotine level of 20 mg/mL (2 percent).
Vapers and users of heated tobacco products, CBD products, and nicotine pouches are expected to see more restrictive regulations in the future, such as prohibitions on online sales and flavor, a rise in the minimum age, and a ban on internet advertising, unless they speak up
These are some of the suggestions found in the policy materials that the commission will present in support of TPD modifications. Cherry-picked research from hardline anti-nicotine sources was used in the SCHEER Report, the report on the application of the Tobacco Products Directive, and Europe's Beating Cancer Plan, all of which disregarded consumer feedback and the views of scientists and policy experts who argued for harm reduction in EU tobacco policy.
A number of these regulations, such as taste prohibitions and high levies, have already been implemented by particular EU member states. All of the EU's member states will have to enact them if they become law.
Next year, the panel is anticipated to approve a final proposal for TPD modifications. However, the EC's course will be determined well before the final plan is released, and feedback from the public must be taken into account.
How to take part in the consultation
A comprehensive guide for EU citizens filling out the survey has been made available by the umbrella organization of consumer THR advocacy groups, European Tobacco Harm Reduction Advocates (ETHRA).
The present consultation is "one of the most important to date," according to ETHRA. According to ETHRA, public answers for Part 1 of the consultation last year must be equal to or greater than 24,000 in order to have a significant influence on future EU tobacco policy.
There is still plenty of time, which is good news. The deadline for consultation is May 16.
The bad news is that just roughly 25% of ETHRA's target—5,882 responses—has been attained with five weeks remaining in the 12-week response period. About half of those have originated solely in Germany and Italy. Less than 25 people each from Estonia, the Netherlands, Finland, Belgium, and Poland participated in the consultation, which is indicative of the low level of engagement from those EU nations that have seen significant internal disputes over policies regarding vaping and nicotine products.
Stakeholder consultations, the third component of the three-part TPD revision process, will be held by invitation right after the public consultation. Both ETHRA and a few chosen vape industry leaders want to take part. A robust public response is especially vital because such meetings will almost probably be biased toward powerful European public health and tobacco control agencies, none of which support liberal vaping and nicotine product legislation.
