The Independent European Vape Alliance (IEVA) would like to express its concerns regarding the Slovenian government’s decision to submit the Draft Act amending the Act on Restriction of the Use of Tobacco and Related Products, notified to the European Commission on the 10th of November 2023, under the reference 2023/0636/SI.
Article 10 of the bill (amending Article 26 of the law on the use of tobacco) foresees the prohibition to place, on the Slovenian market, liquids intended for vaping (both with nicotine and nicotine-free) containing any flavour other than tobacco or menthol. This would in practice mean the end of the sale and availability of most vaping products on the Slovenian market.
According to the notification statement submitted by the Slovenian Ministry of Health, the Draft Act aims to “protect everyone, especially children and adolescents, from accessing electronic cigarettes, thus also protecting their health”. 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. choosing the means which least restrict the free movement of goods.
Moreover,
- The ban will lead to a rise in black market activities.
- The current law on the restriction of the use of tobacco products already fully regulates the market and prevents adolescents under 18 years old from buying such products (Article 14).
- It will hinder job growth and the economic benefits brought by the vaping sector, which represents more than 8 million euros in tax monthly and more than 300 jobs in Slovenia.
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