Current situation

Although the legal challenge was unsuccessful in achieving a scientific review of the legal basis for the prohibition, Article 11 of Directive 2001/37/EC stipulates that the EU Commission shall submit a report every two years on the application of this Directive, which should include, amongst other matters, the "evaluation of tobacco products which may have the potential to reduce harm".

The review of Directive 2001/37/EC is managed by DG SANCO (C6) and aided by a Regulatory Committee, chaired by a member of DG SANCO, which consists of by members from each Member State. While the evaluation of smokeless tobacco products was not forthcoming in the First Report on the application of the Directive published in July 2005, the Regulatory Committee has referred the task to the Scientific Committee on New and Emerging Health Risks (SCENIHR).

In light of most recent scientific information, SCENIHR is requested to answer the following questions:

1. What are the adverse health effects of smokeless tobacco products?
2. What is the addiction potential of smokeless tobacco products?
3. Does the available data support the claim that smokeless tobacco may constitute a smoking cessation aid comparable to pharmaceutical nicotine replacement products?
4. What is the impact of smokeless tobacco use on subsequent initiation of smoking?
5. Is it possible to extrapolate the information on the patterns of smokeless tobacco use, smoking cessation and initiation from countries where oral tobacco is available to EU countries where oral tobacco is not available?

The SCENIHR report was originally due to be published in November 2006, but is now expected in 2007.

In May 2006, ESTOC made a submission to SCENIHR as part of its scientific review of the health effects of smokeless tobacco products. [The submission included a list of recent studies that add to the body of information in key smokeless tobacco related areas and urged the ‘working group’ to include as part of its deliberations the wealth of information and research data that compares the risks of using combustible tobacco products with those of using smokeless products. In doing so the working group may also consider the harm reduction potential of smokeless tobacco for smokers unable to quit or those who choose not to quit tobacco.