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New regulations for Heated Tobacco Products

Fecha 31/01/2024
Por Santiago Mediano Abogados
New regulations for Heated Tobacco Products

On the 15th January Law 5/2024 (“Law”), was published transposing the Commission’s Delegated Directive (UE) 2022/2100 of 29 June 2022, and introducing 4 amendments to Law number 37/2007. The purpose of this Law is to increase the prevention and control of smoking in heated tobacco products.

The main change introduced concerns the use of aromas and flavorings in heated tobacco products. In this regard, the article 10.º-A now includes heated tobacco products in the ban applicable to distinctive aromas and flavorings in tobacco components, such as filters, papers, packaging, capsules, or any technical features that make it possible to modify the smell or taste of tobacco products or the intensity of its smoke. Before this law came into force, these restrictions were only applicable to cigarettes and rolling tobacco.

It was also established, in article 11.º-B, that each individual packet of smoking tobacco products, including heated tobacco products, must feature combined health warnings, which include one of the text warnings and a corresponding color photograph.

In addition, regarding labelling, the article 11.º-C was amended to include heated tobacco products in the obligation to contain the following information message: tobacco smoke contains more than 70 cancer-causing substances.

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