The end of exemptions for Heated Tobacco

Law no. 5/2024, of January 15, transposes into Portugal Commission Delegated Directive (EU) 2022/2100, of June 29, 2022, amending Directive (EU) 2014/40 of the European Parliament and of the Council as regards the withdrawal of certain exemptions applicable to heated tobacco products, amending Law no. 37/2007, of August 14, accordingly.

To strengthen the rules on the prevention and control of smoking, Law no. 5/2024, of January 15, equates heated tobacco products with conventional cigarettes, such as cigarettes, rolling tobacco and water pipe tobacco. As a result of this assimilation, heated tobacco products are subject to the restrictions traditionally reserved for conventional cigarettes about matters such as odours, flavours, flavourings and health warnings.

Consequently, Article 11-B, paragraph 1 of Law 37/2007, of August 14, now makes the packaging of heated tobacco products subject to the presentation of combined health warnings, complementing the production of a text warning with the corresponding colour photograph.

In addition to the presentation of shock images and public health warnings, Article 10-A, paragraph 10, of Law 37/2007, of August 14, now prohibits the marketing of tobacco products that have a distinctive aroma, as well as tobacco products that contain flavourings in their components capable of modifying their smell or taste, as has been the case with conventional cigarette packs for years.

Notwithstanding the constraints above, the transitional rule in Article 3 of Law no. 5/2024 of January 15 guarantees the disposal of stocks of heated tobacco products, allowing them to be marketed provided that these products were introduced onto the market before the effective date of this law.

The end of the exemptions applicable to heated tobacco products is, therefore, the first amendment to emerge from the Government’s proposal for a Tobacco Law aimed at reducing incentives for consumption and contributing to a tobacco-free generation by 2040.