Our views on the regulation of smokeless products

Our view on regulation of reduced-risk products

Our views on the regulation of smokeless products

A critical pathway to reducing combustible tobacco-related harm

We believe science-based progressive regulations for smokeless products play a critical role to further accelerate Tobacco Harm Reduction (THR).


Our views on the regulation of smokeless products

 

BAT recognises and supports the objective of governments to reduce smoking rates and its associated health impact. In fact, we are accelerating the next phase of our transformation by committing to Building a Smokeless World. This means we will deploy our global multi-category portfolio to actively encourage smokers to switch to smokeless products.

Although not risk free, smokeless products offer consumers the opportunity to use nicotine without the need to burn tobacco and its associated health risks. Experience shows that where regulation encourages smokers to choose these smokeless alternatives, smoking rates can be more effectively reduced compared to relying on coercive and prohibitive policies1.

Principles to guide regulation of smokeless products

Regulation should be based on the best available science and evidence for each product category and be proportionate to the risk of the product versus combustible tobacco.

Regulation should mandate robust product quality and safety standards to protect consumers and allow access to products with satisfying nicotine levels and adult-targeted flavours. Additionally, regulation should encourage actions that protect the environment, making sure that manufacturers, retailers and consumers act in a way that promotes environmental sustainability.

Regulation should enable adults to access and gain information about the availability of smokeless products, while preventing use by the underage.

Regulation should include an effective regime for penalties, sanctions and enforcement to drive compliance.

A regulatory framework to maximise smokeless products’ harm reduction potential would include:

  • Making available to smokers a wide range of smokeless alternatives to cigarettes, ensuring they can access them and make informed choices;
  • Where appropriate and feasible, nicotine levels should be established to ensure smokeless products are a satisfying alternative for adult smokers;
  • Adult-targeted flavours should be available, as evidence shows that certain flavours help smokers transition to smokeless alternatives  and prevent them from going back to smoking;
  • Flavours, packaging designs and descriptors that are particularly appealing to the underage should be prohibited;
  • Robust product quality and safety standards should be mandated, to protect consumers and enhance environmental sustainability. Manufacturers should be required to ensure that all products are child resistant and tamper-evident to secure product integrity;
  • The use and sale of smokeless tobacco and nicotine products by and to the underage should be prohibited by law. Age-verification mechanisms should be mandated at point of purchase or delivery and, where feasible, regulation should aim to encourage the integration of underage access prevention features and technologies into the packaging and/or devices;
  • Communication with adults should be permitted in adult targeted touchpoints and display responsible content, including an age+ sign;
  • Enforcement authorities should be provided with the necessary powers to apply penalties and sanctions to those who fail to comply with regulations, particularly those who supply non-compliant products and provide products to those underaged;

In all countries, whether such a framework is in place or not, we are guided by our Product Stewardship Framework - with regard to quality and safety standards – and our Responsible Marketing Code to ensure that we market our products responsibly.

The importance of a stakeholder dialogue

 

Regulation of smokeless products continues to evolve. As the science and evidence to substantiate the reduced risk profile of these products grow, we hope to see more countries passing progressive regulations, further accelerating the growth of smokeless products and accelerating a reduction in smoking rates.

We believe a stakeholder dialogue on the positive public health potential of smokeless products and on effective policies and consumer behaviour that can accelerate Tobacco Harm Reduction is essential. Regulation around smokeless products should be founded on science, not opinion.

  1. Fagerström, K. (2022). Can alternative nicotine products put the final nail in the smoking coffin? Harm Reduction Journal, 19(1). doi:https://doi.org/10.1186/s12954-022-00722-5 .