Regulation: Our Views

17 September 2024
CHAPTER 7 . THR: GLOBAL REGULATION

Regulation: Our Views

Regulation: We Want to Be Part of the Discussion

We recognise and support the objective of governments in reducing smoking prevalence and the associated health impacts, as well as the role of regulation in achieving these objectives.


We have consistently been clear in our support for tobacco and nicotine regulation that:

  • Is based on robust evidence;
  • Is tailored to local circumstances;
  • Effectively delivers intended policy goals; and
  • Avoids unintended consequences, such as the growth of illegal markets.

“Our experience and expertise means that we have much to offer governments and regulators when it comes to helping develop effective policies around Smokeless Products.”

Paul McCrory
Director, Legal and General Counsel

Smokeless Products Provide Compelling Alternatives for Adult Smokers

Although not risk-free, Smokeless Products, such as Heated Products, Vapour Products, Oral Tobacco Products and Oral Nicotine Pouches, offer adult smokers, who would otherwise continue to smoke, the opportunity to consume nicotine with reduced risks compared to cigarette smoking.*†

Evidence from various countries suggests that the introduction of progressive regulation that encourages adult smokers, who would otherwise continue to smoke, to choose Smokeless Products is associated with a decline in smoking rates. For example, smoking rates in Sweden, the UK, New Zealand, and Canada have decreased at faster rates in recent years relative to other countries[1],[2]. We believe this has been driven in large part by policies that have enabled adult smokers to access a wide range of smokeless alternatives to cigarettes.

Progressive Regulation Can Drive Tobacco Harm Reduction

Governments, the public health community as well as manufacturers like BAT and their business partners have a key role to play in maximising the potential of Smokeless Products to contribute to Tobacco Harm Reduction. To achieve this objective, these reduced-risk*† products must be supported by progressive regulatory and policy regimes, that among other things, help to establish responsible marketing practices backed by effective enforcement.

Future Regulatory Framework^

An aspirational 10-point progressive Regulatory Framework for Smokeless Products that reflects these principles

A Call For Collaborative Dialogue

The regulatory landscape is evolving, and we are hopeful that an increasing number of countries will embrace progressive policies and regulations designed to encourage adult smokers, who would otherwise continue to smoke, to switch to reduced-risk*† alternatives. With the growing body of evidence, we are also hopeful about the broader adoption of these advanced regulations, anticipating a significant decrease in global smoking prevalence.

At the heart of this evolution is the establishment of a collaborative dialogue that bridges the gap between policy makers, regulators, public health authorities, and the industry. Such a dialogue is crucial for accelerating the momentum towards effective Tobacco Harm Reduction strategies. By fostering mutual understanding, stakeholders can work together to implement regulatory measures that support public health objectives while respecting the choices of adult consumers.

Two women collaborating on laptop

01
Legal access and differentiated regulation

Grant adults legal access to a wide range of smokeless, reduced-risk*† alternatives to cigarettes and apply differentiated regulation that encourages a complete switch.

02
High quality and safety standards

Mandate robust product quality and safety standards to enhance circularity of products, specifically through the removability and replaceability of batteries for Smokeless Product devices.

03
Child resistance and tamper-evident

Require manufacturers to ensure that all products are child-resistant and/or tamper-evident, to international standards, to secure product integrity.

04
Nicotine limits

Establish appropriate nicotine content ceilings for Smokeless Products while ensuring that nicotine levels remain satisfying for adult smokers.

05
Prohibit underage use

Outlaw the use and sale of nicotine products by and to underage individuals.

06
Age verification

Mandate age-verification mechanisms at the point of purchase or delivery. Regulations should also encourage the integration of underage access prevention features and technologies into the packaging and/or devices.

07
Flavour restrictions

Allow adult-orientated flavours while banning confectionary, candy-like, energy drink, soft drink, and cocktail flavours.

08
Responsible packaging and descriptors

Prohibit packaging designs and descriptors that are predominantly appealing to underage individuals.

09
Adult-targeted communications

Permit communication with adults at adult-targeted touchpoints and ensure they display responsible content, including an adults-only sign and appropriate health warnings.

10
Robust enforcement and sanctions

Provide enforcement authorities with the necessary powers to apply penalties and sanctions to those who fail to comply with regulations, particularly targeting suppliers of non-compliant products and those providing products to underage individuals.

Footnotes

* Based on the weight of evidence and assuming a complete switch from cigarette smoking. These products are not risk free and are addictive.

Our products as sold in the U.S., including Vuse, Velo, Grizzly, Kodiak, and Camel Snus, are subject to FDA regulation and no reduced-risk claims will be made as to these products without agency clearance.

^ Subject to market realities, including unintended consequences, e.g. illicit trade, and the requirement for strict enforcement to ensure compliance.

References

A full list of references for this page can be found in the section 11. References.

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