ESTOC supports the rights and responsibilities of governments to regulate all tobacco products, including smokeless tobacco. However, such regulation needs to be based on scientific evidence, ensuring it is both fair and proportional. ESTOC, therefore, welcomes further public debate on how Swedish snus can help to limit the harm from tobacco consumption and how new regulation could be framed.
ESTOC believes that current ban should be replaced with a science based product regulation for smokeless products, instead of the current situation where market access of smoke free products is based on how the product is used and not the relative risk of it.
As such, ESTOC seeks to replace the EU definition of "tobacco for oral use" and the provision "Member States shall prohibit the placing on the market of tobacco for oral use"
EU: 'tobacco for oral use' means all products for oral use, except those intended to be smoked or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets, or in a form resembling a food product
ESTOC proposal: 'smokeless tobacco' means all products that are not smoked, are used orally or inhaled through the nose and meet the constituent limits defined in Annex IV.
EU: Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
ESTOC proposal: Member States shall require that only smokeless tobacco products that comply with the constituent limits and reporting requirements in Annex IV be permitted to be placed on the market.
ESTOC Proposed Regulation of Smokeless Tobacco Products within the EU - part 1
ESTOC Proposed Regulation of Smokeless Tobacco Products within the EU - part 2
In Sweden, since snus and chewing tobacco (manufacture, product chemistry and contents declaration) are governed by the National Food Act, the Swedish Food Authority represents one governing body. Regulation of warning labels and EU reporting of ingredients are enforced by the Swedish National Institute of Public Health. The marketing regulation is enforced by the Swedish Consumer Agency.
