The EU Tobacco Products Directive

The European Commission’s Tobacco Products Directive 2014/40/EU (TPD)1 came into force in 2014 and lays out rules governing the manufacture, presentation and sale of tobacco and related products, including cigarettes, roll-your-own tobacco, cigars, cigarillos, smokeless tobacco, electronic cigarettes and herbal products for smoking. It strengthens the rules regarding the reporting on ingredients contained in tobacco products and regulates permissible additives (or levels thereof) to improve the functioning of the internal market while guaranteeing a high level of public health. Articles 6 and 7 specifically focus on additivesⁱ to tobacco products. More in detail article 7 lists prohibition of specific tobacco products, among which

1. tobacco products with a characterising flavour (Art 7 (1))

2. tobacco products containing the following additives2 (Art 7 (6)):

   1. vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks;

   2. caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality;

   3. additives with colouring properties for emissions;

   4. for tobacco products for smoking, additives that facilitate inhalation or nicotine uptake;

   5. additives that have carcinogenic, mutagenic and reproductive toxicity (CMR) properties in unburnt form.

3. tobacco products containing additives in quantities that increase the toxic or addictive effect, or the CMR properties of a tobacco product at the stage of consumption to a significant or measurable degree (Art 7 (9)).

In line with Article 6 of the TPD, more stringent reporting obligations, in the form of comprehensive studies, will apply for additives placed on a priority list to be adopted by the European Commission, taking into account the intended use of the products concerned and examining in particular the emissions resulting from the combustion process involving the additive concerned.

The studies shall also examine the interaction of that additive with other ingredients contained in the …