As a “novel smokeless tobacco product“, any member state shall require manufacturers and importers to submit a notification to the competent authorities and to regulate, administratively, the presence of the products on the market: the 6-month electronic submission may still be required, including information on ingredients and emissions, a complete description of the product and details on its use.

From a scientific aspect, the submission shall also include the scientific studies on ingredients and emissions (toxicity, addictiveness, attractiveness), executive summaries, market research, information on risk/benefit compared to combusted tobacco, its role in smoking cessation or on initiation of tobacco consumption, and the perception by consumers as well as any additional tests or additional information that may be required by each member state.

In brief, European regulatory provisions of the TPD establish requirements relating to measurement of emissions, the obligation to report ingredients and emissions, to ensure traceability and mandate the inclusion of security features, and to address cross-border distance sales. Most importantly in the case of heat not burning products, EU provisions leave open the possibility of banning a category of products and of prohibiting flavours, ingredients and additives.

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