Flavoured heated tobacco products will be banned across the EU following the publication of a Delegated Directive in the Official Journal, reports TobaccoIntelligence.

The Commission Delegated Directive (EU) 2022/2100 was published in the Official Journal after a scrutiny period ended without the Council of the European Union nor the European Parliament objecting to the ban.
The directive will also no longer allow member states to make certain heated tobacco products exempt from carrying a health warning as smoking products. All flavours apart from tobacco will be affected by the ban which will apply from 23 October 2023 although some member states may not transpose the Delegated Act in time, according to TobaccoIntelligence. The directive itself comes into force on 23 November and EU member states will have time to transpose it into their national legal frameworks until 23 July 2023.
Some member states have questioned whether the European Commission had the power to introduce a new legal category of tobacco products in a Delegated Act, reports TobaccoIntelligence.
Bulgaria, Cyprus, Greece and Italy issued a joint statement on the matter, saying the introduction of a definition of heated tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process”.