Electronic cigarettes and refill containers with liquid adapted for filling electronic cigarettes

Draft Law No XIVP-2791(2) amending Article 9(2) of Law No I-1143 on the control of tobacco, tobaccoproducts and related products of the Republic of Lithuania (hereinafter referred to as the draft law)

In order to limit the attractiveness and consumption of e-cigarettes, which are growing in popularity(particularly among young people) [1], appropriate measures are necessary. The first step already taken inLithuania is the ban imposed on 1 July 2022 on the placing on the market of electronic cigarettes and e-cigarette refill containers with liquid adapted for filling electronic cigarettes, if this liquid contains flavours otherthan the smell and/or taste of tobacco, but the current regulation is not sufficient and allows business operatorsto circumvent the prohibitions by placing on the market electronic cigarettes with the characteristics of a certainsmell and/or taste other than that of tobacco. The law establishes a definition of the flavour of a tobaccoproduct, which applies only to tobacco products, but does not apply to electronic cigarettes and their refillcontainers, the popularity of which has recently been increasing dramatically [1]. Currently, the Law prohibitsthe placing on the market of electronic cigarettes and e-cigarette refill containers with liquid adapted for fillingelectronic cigarettes, if this liquid contains flavours other than the smell and/or taste of tobacco. There is no listof authorised or prohibited tobacco flavouring substances approved by the law, which allows economicoperators to argue that tobacco flavours are different and to interpret the term ‘flavour of tobacco’ differently,thus placing on the market electronic cigarettes and their refill containers with certain non-tobacco smell and/ortaste properties. The draft law therefore proposes to extend the concept of ‘added smell or taste’ to e-cigarettes. It is proposed to prohibit the placing on the market of electronic cigarettes and their refill containerswith an added flavour other than that of tobacco. It is likely that this will reduce the attractiveness of e-cigarettes and their refill containers, and prevent different treatment of the provisions of the Law. The draft lawproposes to specify in sub-statutory legal acts the specific authorised chemicals that give the flavour oftobacco to electronic cigarettes and their refill containers and to indicate the CAS numbers of thesesubstances. This would limit the possibility for economic operators to circumvent the prohibitions of the Lawand to place on the market e-cigarettes and their refill containers with certain non-tobacco smell and/or tasteproperties. Amendments to the Law entered into force on 1 May 2022, whereby electronic cigarettes, which donot contain nicotine, also fell within the scope of the object of the Law and must bear a health warning on theunit packets of electronic cigarettes and their refill containers or any outside packaging “This product containsnicotine, which is a highly addictive substance. It is not recommended for non-smokers.” Thus, it isinappropriate to indicate on a nicotine-free product that the product contains nicotine, and it is also misleadingfor consumers of e-cigarettes. Therefore, for the sake of clarity, it is proposed to exempt electronic cigarettesand their nicotine-free refill containers from the health warning requirement. In order to reduce theadministrative burden of state institutions dealing with cases for violation of the provisions of the Law and toincrease the speed of the proceedings in pending cases, the draft law proposes certain amendments to theprocedures for the handling of cases concerning infringement of the Law. [1]https://ntakd.lrv.lt/uploads/n... (Drugs, tobacco andalcohol control department „Psychoactive substances: trends and changes 2022“, p. 119, picture 4.1.8(according to the European School Survey Project on Alcohol and Other Drugs (ESPAD), the use of electroniccigarettes among 15-16 years old youth in Lithuania is one of the largest in the Europe (in Lithuania last monthprevalence is – 31%, while average of ESPAD countries – 14%), picture 4.1.7 (with the increasing time trend ofsuch consumption) and table 4.1.2 to the national General population representative survey 2021 (the highestprevalence of e-cigarettes is among people of 15-34 years old age group, life time prevalence is 41,9%, lastmonth prevalence - 16%).