IEVA would like to express its concerns regarding the Draft Act on Tobacco-free Nicotine-containing Products and the Draft Act amending the Act (2018:2088) on Tobacco and Similar Products, both notified by the Kingdom of Sweden to the European Commission on the 17th of March 2022, under the references 2022/158/S and 2022/159/S respectively.
According to the statement of grounds submitted by the Swedish authorities, both draft acts intend to “reduce the attractiveness of the product to children, young people and non-smokers” by proposing a ban on flavoured e-liquids, and more generally to ”reduce the availability of tobacco, e-cigarettes, refill containers and tobacco-free nicotine-containing products and to limit the health risks and nuisance associated with the use of the said products, in particular to protect children and young people”.
IEVA is particularly concerned by Chapter 2, article 6a of the Draft Act amending the Act (2018:2088) on Tobacco and Similar Products that foresees the prohibition to place, on the Swedish market, liquids intended for e-cigarette use (both with nicotine and nicotine-free) containing flavours other than tobacco smell and/or taste.
IEVA believes the proposed flavour ban is not proportionate to the objective pursued, as the measure strongly fails to be:
- Appropriate, i.e. a suitable mean to attain the objective with a reasonable connection between the aim and the measure;
- Necessary, i.e. Member States should choose the means which least restrict the free movement of goods
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