Germany: heated tobacco and herbal heated product regulation, July 2025

According to the Federal Office of Consumer Protection and Food Safety (BVL), heated tobacco products  fall under the definition of novel tobacco in Germany, and so require an authorisation before being placed on the market, in addition to a common product notification. This approval also includes the determination of whether a tobacco product is a smokeless or a smoking product.

The Tobacco Products Act only regulates herbal smoking products, which is defined as a product based on plants, herbs or fruits that does not contain tobacco and can be consumed by means of a combustion process. Even though herbal heated sticks don’t fit this definition, they are notified as such, as shown in the BVL list of notified products. However, the BVL states that herbal heated products are not subject to domestic law and do not need to be notified.

This report provides comprehensive analysis of the regulatory framework in place for heated tobacco and herbal heated products in Germany, covering all policy areas from taxation and advertising to market access and packaging restrictions.