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This report provides insights into the views of customs and health authorities, as well as regulatory regimes, in 31 European countries on herbal heated products.
These products do not contain tobacco, may or may not contain nicotine, and are used with heating devices, as analysed in our market tracker. Legislative changes will most likely be spurred by the EU’s revision of its tobacco-related directives, influencing not only member states but neighbouring countries as well. In the European Commission’s public consultation on the evaluation of the legislative framework for tobacco control, the Commission added herbal heated products as an “emerging product”. This could be an indication that there is intention to regulate these products at the EU level.
In the absence of clear statutory rules, authorities were asked about their interpretation of the products, what regulations could directly or indirectly apply, whether a product notification is required, and if taxes apply.
