In Europe, most of the EU TPD has been written around the case of the e-cigarette, between 2011 and 2014 when vaping products were gaining in popularity. In the meantime no heat not burning cigarette was available on the market, and the heat not burning technology much likely slipped under the Commission’s radar. Nevertheless, heat not burning products fall under the scope of the TPD’s Article 2 because they contain parts of tobacco plants.

It may be clarified whether heat not burning cigarettes fall within the categories of “traditional” tobacco product (cigarettes, roll-your-own tobacco, pipe tobacco, water pipe, tobacco, cigars, cigarillos, chewing tobacco, nasal tobacco or tobacco for oral use) or “novel” tobacco product.

The reusable hardware, the heating element powered by a battery, is probably not concerned by the European regulation. Only the tobacco rolls, the HeatStick (HeatBar, HEETs or TEEPs) may fall under the scope of the EU TPD. But how? Not as a “cigarette”, as a first approximation, since a cigarette, in the EU’s framework, implies combustion. Rather as a “smokeless tobacco product”.

Based on our records, the first iQOS was launched in Europe by the end of 2014 and, in no case, before the May 19, 2014 deadline. From a legal basis, this would de facto discard the “traditional” in favor of the “novel tobacco product”, with the existing restrictions. Nevertheless, the range covered by the different heat not burning products is very large and may lead to unexpected regulatory adjustments.

Even if most of those remaining products on the market are equipped with an electronic system powered by a battery like the iQOS, some of the extict ones, like the Ploom Model One were built with a butane tank to heat tobacco, others, like the Revo, were using an actual flame to light a carbon tip and heat foil-wrapped tobacco until it evaporates into a flavored vapor.

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