There have been multiple instances of lobbying by ambassadors and other diplomats from the UK, as well as Japan and Switzerland. Much of this lobbying activity has taken place in low and middle-income countries (LMICs).² These countries are important sources of new customers for tobacco companies as markets in higher income countries where consumption is generally falling.³⁴⁵

Diplomats are also involved in activities which help promote the tobacco industry via local media, such as visiting tobacco farms or factories. Other engagement supports tobacco companies’ product promotions, or corporate social responsibility strategy. These activities help to raise the profile of tobacco companies, enhance their reputations, and support the ‘normalisation’ of the industry.¹⁶⁷

Background

Parties to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) have an obligation to protect public health policies from the “commercial and vested interests of the tobacco industry” and any contact with tobacco industry representatives, or others seeking to further their interests, must be “limited” and “transparent”.⁸ The implementation guidelines to Article 5.3 of the WHO FCTC recommend that Parties limit interactions with the tobacco industry to those that are absolutely necessary to regulating the industry, and ensure the transparency of those interactions that do occur.⁸  The guidelines also recommend parties treat state-owned tobacco companies in the same way as any other tobacco company, including avoiding any “preferential treatment”.⁸

In addition, the guidelines state that “… Whenever possible, interactions should be conducted in public, for example through public hearings, public notice of interactions, disclosure of records of such interactions to the public”.⁸

However even in countries with a high level of compliance with the WHO FCTC requirements, diplomatic missions rarely achieve this level of transparency. Information on tobacco industry engagement has largely been found through media investigations and Freedom of Information requests (FOIs).

In October 2014, the 6^th Conference of the Parties (COP) decided to urge parties: “to raise awareness and adopt measures to implement Article 5.3 and its implementing Guidelines among all parts of government including diplomatic missions.”⁹ Another decision required governments to “take into account their public health objectives in their negotiation of trade and investment agreements”.¹⁰

Nevertheless, diplomats continue to lobby for tobacco companies around the world.¹

Countries whose diplomatic representatives have lobbied on behalf of tobacco companies overseas  include the UK, Germany and Japan, who are all Parties to the WHO FCTC,¹¹ as well as the United States and Switzerland. BAT, PMI and Japan Tobacco all have offices in Geneva, Switzerland, the location of the World Health Organization and other key international bodies.

UK

There are specific guidelines covering the engagement of British (UK) officials working overseas designed to limit contact with tobacco companies, and support compliance with Article 5.3. After the UK Ambassador to Panama lobbied on behalf of British American Tobacco (BAT),¹² the guidelines were revised in 2013.¹³ These guidelines state that “Posts must not…Engage with local foreign governments on behalf of the tobacco industry, except in cases where local policies could be considered protectionist or discriminatory”.¹³

Engagement and lobbying

Despite having guidelines in place to support compliance with the WHO FCTC, FOI requests and media investigations have revealed that British diplomats continue to interact with the tobacco industry more than is necessary. UK diplomats have lobbied for BAT in Bangladesh,¹⁴¹⁵ Hungary,¹⁶ and Pakistan.^1217181920

UK officials have also disclosed contact with tobacco companies in Panama and Venezuela,²¹²² Laos,²³ Cuba,²⁴ and Burundi.²⁵

In 2018, UK advocacy organisation Action on Smoking & Health (ASH) called this a “global pattern of engagement” by British officials to defend BAT’s interests.²⁶

• For more details see UK Diplomats Lobbying on Behalf of BAT.

Tobacco industry events

UK government guidelines state that staff must not:

“Attend or otherwise support receptions or high-profile events, especially those where a tobacco company is the sole or main sponsor and/or which are overtly to promote tobacco products or the tobacco industry (such as the official opening of a UK tobacco factory overseas)”.¹³

However, UK staff have attended such events, generating considerable local media coverage.

For example, in 2019 the British ambassador to Yemen opened a cigarette factory in a free trade zone in Jordan, celebrating the expansion of the tobacco company Kamaran which is part-owned by BAT.^1272829

In 2020, staff from the UK high commission in Pakistan attended a promotional event for a BAT product in Pakistan.³⁰

• See UK Diplomats Lobbying for BAT for details.

Engaging with industry allies

The links between diplomatic missions and tobacco companies can be more indirect, via funding third party allies of the industry. The UK guidelines state that diplomats should not “endorse projects which are funded directly or indirectly by the tobacco industry”.  However, a 2019 investigation by The Guardian found that the British high commission in Malaysia had given funding to a Kuala Lumpur based think tank (IDEAS) for several years. At the same time the think tank was also receiving money from tobacco companies and was lobbying against plain packaging regulation and tobacco taxes.³¹  While the UK had already implemented plain packaging regulations, tobacco control was being undermined overseas.

Attending meetings with the tobacco industry

Tobacco companies attend meetings and events organised directly by UK government departments, such as the FCO (now FCDO) or the DIT (now Department for Business and Trade).²¹  They also attend those held by regional, national or local business organisations such as chambers of commerce.

Responses to FOI requests show that when the attendance of UK government officials at such events is disclosed, there is little detail about the specific purpose or content of these meetings,¹⁴¹⁶ It may simply be described as relating to ‘doing business’ in the country.²²

Business vs public health interests?

The UK guidelines for overseas staff (last updated in 2013) allow for the communication of “basic trade, investment and political information”, although this is not defined.¹³ One of the activities used to justify interaction by UK diplomats is “resolving business problems that are potentially discriminatory”.^1214163233 This has been criticised as running counter to the WHO FCTC guidelines.¹³⁴

While transparency is required for tobacco industry interactions in 2018, the UK government told Parliament that it “does not catalogue the representations it makes on behalf of companies”.³⁵³⁶³⁷  Research by the Tobacco Control Research Group (TCRG) concluded that the stated WHO FCTC goal of “maximum transparency” is not being achieved in the UK.¹²⁹

Japan

In 2021, the Ambassador of Japan to Bangladesh lobbied the government of Bangladesh on behalf of Japan Tobacco International (JTI).  In a letter to the Bangladesh Finance Minister the Ambassador criticised 2019 taxation changes for their impact on JTI. It also complained about the activities of competitors, and licensing demands.³⁸

• For details, including the lobbying letter, see Japanese Diplomats Lobbying for JTI

The Japanese Ambassador to Ethiopia was present at the signing of a deal between the Ethiopian government and JTI in 2016,  when the Ministry of Public Enterprise sold 40% of its National Tobacco Enterprise to the Japanese company.³⁹ Japanese diplomats have also toured tobacco farms and JTI factories in Tanzania and Zambia.⁴⁰⁴¹

Japan Tobacco International is the overseas subsidiary of Japan Tobacco (JT), which is one third-owned by the Japanese government.⁴²

Germany

In May 2022, the German ambassador to Beirut visited the offices of Regie, the Lebanese Tobacco and Tobacco Inventory Administration.¹⁴³

Denmark

The Imani Centre for Policy and Education, a Ghana-based think tank,  received money from the Danish embassy while lobbying against tobacco control.³¹⁴⁴

Switzerland

Switzerland is not Party to the WHO FCTC.

In 2019, Swiss diplomats approached the government of the Republic of Moldova on behalf of Philip Morris International (PMI) seeking an opportunity to discuss new tobacco legislation.⁴⁵⁴⁶⁴⁷  The proposed legislation included significant tax increases on heated tobacco products, in which PMI has invested.⁴⁵⁴⁸

The same year, PMI helped fund an inaugural event for the new Swiss Embassy in Moscow.⁴⁹⁵⁰

• For more details see Swiss Diplomats Lobbying for PMI

USA

Although the US is not Party to the WHO FCTC, it has specific laws and guidance that prohibit its diplomats from promoting the sale or export of tobacco, or influencing non-discriminatory restrictions on tobacco marketing.^51525354 However, US diplomats have enabled meetings between tobacco companies and government representatives.

The US ASEAN Business Council organises delegations of US businesses, including Philip Morris International (PMI), which meet high level officials in the ASEAN region.⁵¹  PMI was at the time a vice chair of its Customs & Trade Facilitation Committee and used this opportunity to meet with government officials from the Ministry of Industry and Trade of Vietnam.⁵¹⁵⁵

Why it matters

The examples above illustrate contraventions of the WHO FCTC, an international treaty, and in many cases breaches of national guidelines. As TCRG research points out, all of these activities also undermine the spirit of these laws, by apparently serving the commercial interests of transnational tobacco companies and helping to ‘normalise’ the industry in the eyes of policy makers and the public.¹

The implementation guidelines of Article 5.3 urge Parties to exclude the tobacco industry completely from the public health policy arena.  The guidelines also urge them not to participate in corporate social responsibility (CSR) activities which are used by the tobacco industry and as an alternative means to access policy makers, as well as for public relations and product promotion.¹

In August 2019, in direct response to the exposure of lobbying by Swiss diplomats, the WHO released a statement urging governments to comply with Article 5.3 and to “proactively aspire to reduce the number of people starting and continuing smoking, to promote health and preserve future generations”.⁵⁶

TobaccoTactics Resources

• UK Diplomats Lobbying for BAT
• UK Diplomats Lobbying for BAT: Bangladesh
• UK Diplomats Lobbying for Tobacco: Burundi
• Swiss Diplomats Lobbying for PMI
• Japanese Diplomats Lobbying for JTI
• Third Party Techniques

TCRG Research

A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, R. Alebshehy, K. Silver, P. Chamberlain, Frontiers in Public Health, 17 March 2023, Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713

For a comprehensive list of all TCRG publications, including TCRG research that evaluates the impact of public health policy, go to the Bath TCRG’s list of publications.

References

The post Diplomats Lobbying for Tobacco Companies appeared first on TobaccoTactics.

• Menthol and flavoured cigarettes are widely available in low and middle-income countries (LMICs) many of which have high smoking rates
• LMICs have young populations – flavours appeal to young people, who may not understand the harms of flavoured tobacco
• Recently high-income countries have put bans in place; at the same time there has been marked growth of menthol market share in some LMICs
• There is a lack of regulation to reduce the appeal of flavours e.g. plain packs and advertising bans at point-of-sale or near schools
• Targets for new and improved bans include flavour capsules, and flavour references on packaging and cigarette sticks
• A ban on all flavourings may be easier and more effective in preventing product substitution
• A lack of data, especially in low-income countries, hinders the development of good regulation
• Multinational tobacco companies can threaten income from tobacco exports if governments attempt to put tobacco controls in place

This page covers flavoured tobacco, including menthol cigarettes, in low and middle-income countries (LMICs).⁶¹⁶²

Background

Flavoured tobacco products are available in various forms around the world, including products previously only used in particular regions or countries. For example in Indonesia, the vast majority of smokers use kretek, clove-flavoured cigarettes,⁶³⁶⁴ and they are now available in other countries.⁶⁵⁶⁶

Flavoured tobacco is used in waterpipe, a device which originated in middle-eastern countries and is increasingly popular elsewhere, including among young people.⁶⁷

Here we focus on what are often called ‘conventional’ products, like cigarettes and cigarillos, which are sold by large transnational tobacco companies (TTCs): Philip Morris International (PMI), British American Tobacco (BAT), Imperial Brands (IMB, previously Imperial Tobacco) and Japan Tobacco International (JTI) (JTI also owns Nakhla in Egypt, which produces flavoured waterpipe) We summarise findings from Tobacco Control Research Group (TCRG) research on the extent of flavoured and menthol cigarette use in LMICs and the development of the market for ‘capsule’ products (cigarettes with flavour capsules in the filter).

We describe specific challenges for LMICs, including flavour regulation and evidence gathering. We then summarise flavour market evidence and research, first relating to LMICs in general and then by World Health Organization (WHO) region and individual countries (where available).

• For general background and evidence, including information on the global market, and details of specific bans and associated industry interference, see Flavoured and Menthol Tobacco.

For details of product regulation at country level, see the searchable database on the Tobacco Control Laws website, published by the Campaign for Tobacco Free Kids (CTFK). For countries that are parties to the WHO Framework Convention on Tobacco Control (FCTC) progress towards implementation of relevant articles, including newer products, is detailed in the FCTC implementation database

Specific challenges for LMICs

LMICs with no ban often have other major tobacco control policy gaps that are not necessarily menthol/flavour related but worsen the negative impact of menthol/flavours.⁶⁸ One such policy is plain, or standardised, packaging,  which can include restrictions on flavour descriptors as well as colours on packaging which are known to signify flavour (e.g. green for menthol).⁶⁹ However, plain packaging policies have yet to be implemented in many countries, including some high-income countries, so this would be a significant challenge in LMICs. Another relevant policy is the prohibition of marketing, especially near schools.⁷⁰

Governments have more conflicts of interest in tobacco growing areas as they receive much needed foreign currency for tobacco exports,  and multinational companies can threaten this income stream if governments attempt to put tobacco controls in place.⁶⁸⁷¹  However, apart from rare exceptions the tobacco industry contributes little overall to the balance of payments.⁷²⁷³

Regulatory challenges

The WHO published brief guidance on the regulation of menthol and flavoured tobacco which summarised some regulatory options including restrictions on: the sale of menthol branded products,  the use of menthol at noticeable levels (giving a ‘characterising flavour’),  or banning any menthol ingredients.⁷⁴  The report points to likely opposition from the tobacco industry in countries or regions with an established menthol market.⁷⁴ This was the case with the European Union (EU) menthol ban which only came into full force in 2020, after the tobacco industry had successfully lobbied for a delay. Testing for characterising flavour is more difficult and expensive than a ban on ingredients; this makes banning menthol as an ingredient particularly efficient for LMICs.

The WHO noted that:

“A ban on all flavour agents that increase tobacco product attractiveness, rather than focusing on menthol exclusively, can provide an alternate route to restricting menthol, and may prevent the unwanted introduction of menthol substitutes.”⁷⁴

Research and data

As of 2021, when TCRG researchers conducted a review of evidence on menthol/flavour in LMICs,⁷⁵ there were very few research papers from countries in Eastern Europe, the Eastern Mediterranean region, and Africa.

Lack of data means that it is hard to monitor markets and company shares in specific countries.  Market research service Euromonitor (which receives project funding from Philip Morris International) includes no low-income countries and is proprietary, making it expensive and hard to access even for the middle-income countries which are included.

More research is needed on menthol and flavour in LMICs to help governments monitor the tobacco industry and its products, as recommended by the WHO: “An evidence base using data collected from the region of interest can provide more direct support for regulation.”⁷⁴

Market in LMICs

Evidence suggests menthol and flavoured tobacco products are widely used in LMICs.  Data from the International Tobacco Control (ITC) Policy Evaluation Project suggests that menthol is smoked by more than 20% of smokers in several middle-income countries. Although the dates vary (see the note above on data challenges) this research gives an indication of the scale of the problem. The highest rates were found in Zambia (42% in 2014) and Thailand (35% in 2012). Kenya and India also had over 20% menthol smokers, with China just under just under that level.⁷⁶

A study from Johns Hopkins University, between 2015 and 2017, found a range of flavoured and capsule cigarettes on the market in those LMICs with the highest number of smokers: Bangladesh, Brazil, China, India, Indonesia, Philippines, Russia, Thailand, and Vietnam.⁷⁷

The main TTCs operating in these countries (PMI, JTI, and BAT) mostly sold menthol or mint flavours. China National Tobacco Corporation (CNTC) sold  a mix of flavours.⁷⁷

There is also evidence from a number of studies that menthol and flavour tobacco use is rising, either as a proportion of the market or substantively.  Evidence from TCRG research shows that after the implementation of the European Union (EU) menthol ban in 2020, there was a marked increase in the share of menthol/flavoured products in some LMICs.⁷⁵ A study of cigarette packs in Brazil, Indonesia, the Philippines, Russia, Thailand, and Vietnam, between 2013 and 2016, found that the number of flavour capsule variants on the market was growing.⁷⁸ Most were mint and menthol flavour but with others the flavour was unclear from the product name.⁷⁸

A number of studies have identified related marketing activities.  Marketing strategies for flavour capsules are likely driving their global growth particularly among young people in LMICs.⁷⁹

TCRG’s review  of tobacco industry strategies underpinning the growth of menthol/flavoured tobacco use in LMICs  highlighted widespread marketing in stores (including retailers near schools), on billboards, on TV, online and via brand ambassadors. The packaging of flavoured and menthol products, legally displayed in stores, was  found to be colourful with non-conventional, appealing names for flavours.⁷⁵

Tobacco companies also use symbols on cigarette sticks to indicate that they contain capsules.⁸⁰ Researchers studying this form of marketing in LMICs have described the space on a cigarette as “valuable communicative real estate” for tobacco companies, which could be better used to display public health messages.⁸⁰

Research and data from specific regions and countries is summarised below. We refer in many places to TCRG research based on 2019 cigarette market data from Euromonitor. In this data ‘high market share’ means 20% or more of the total cigarette market in that country in 2019. ‘High market share growth’ means that the share doubled between 2005-19 and was growing from 2017.⁷⁵ We link to regional and country profile pages on TobaccoTactics, where available.

Africa

Nigeria has high menthol/flavour market share and high market share growth.⁷⁵

Cameroon has high market share, the only other country in the region for which this data was available. (For Egypt see Eastern Mediterranean region below.)⁷⁵

Tanzania

JTI sells a menthol cigarette called Sweet Menthol through its subsidiary in Tanzania. It describes this product as “the leading local mainstream menthol brand”.⁸¹

Zambia

JTI owned brand Sweet Menthol is the third most popular cigarette in Zambia.  It is cheap and is usually sold as single sticks.⁸²  On its webpage for Zambia, JTI describes itself  as a leaf farming company, and does not mention that it sells cigarettes in the country. A locally owned company, Roland Imperial,  also sells menthol cigarette brands.⁸³

ITC survey data showed a high prevalence of menthol smokers in Zambia, with 43% of smokers choosing the product.⁸⁴ Menthol was most commonly used among younger smokers, those with a middle income, and those that don’t smoke every day. Over a third of smokers indicated that they thought menthol cigarettes were less harmful than non-menthol.⁸⁴

Kenya

ITC survey data from Kenya also suggests a high prevalence of menthol smokers.⁸⁴⁸⁵ In 2018, 21% of smokers with a regular cigarette brand smoked menthol or sweet menthol (although Euromonitor estimates that only 7% of cigarette sales are menthol).⁷⁵  More women smoke menthol than men in Kenya, and two thirds of smokers believed that menthol is less harmful than other cigarettes.⁸⁴⁸⁵

Ethiopia

In 2015, Ethiopia enacted a total flavour ban on all forms of tobacco.

• For details see Flavoured and Menthol Tobacco

This was a pre-emptive ban as flavour sales were low. However there has been a lack of enforcement at the retail level.⁶⁸ Flavoured products are not made in Ethiopia and more collaboration with customs is needed to prevent illicit importation.⁶⁸ There is also a lack of awareness that the ban includes waterpipe products.⁷⁴

Since 2017, two years after the ban was enacted, JTI has owned 70%  the state owned tobacco company, NTE.⁸⁶

Latin America

Menthol cigarettes are popular in Latin America, and increasingly so in some countries.⁷⁵ Guatemala and Peru have high market share and high market share growth. There is high market share in Columbia and the Dominican Republic, and high market share growth in Argentina, Bolivia and Costa Rica.⁷⁵

Use of flavour capsule cigarettes is particularly high in Chile and Mexico.⁸⁷  According to BAT’s annual report in 2014,  sales of  flavour capsule cigarettes had increased in the region despite price rises, while overall cigarette sales were down.⁸⁸

A study of over 1,000 retailers located close to schools in Latin American cities (Argentina, Bolivia, Brazil, Chile and Peru) found that the majority (85%) sold flavoured cigarettes, and most (71%) sold capsule versions.⁷⁰ (Similar findings were reported in Uruguay, a high income country, immediately before the implementation of plain pack regulations in 2020.)⁸⁹

These products were frequently displayed near the point of sale, or confectionary. Some stores also had advertisements and price promotions.⁷⁰ Unconventional flavour descriptors such as “fusion blast” and “ruby ice” were very common.⁹⁰

Brazil

Survey data from 2016-2017 among adult smokers in Brazil found that over 50% supported a ban on menthol and over 60% supported a ban on all additives.⁹¹ Support did not vary across sociodemographic groups. When menthol smokers were asked what they would do if menthol cigarettes were banned, a third reported they would quit, around 20% would reduce the amount they smoked and a similar number would switch to non-menthol cigarettes. Slightly fewer said they would still find a way to get menthol cigarettes.⁹¹

ITC survey data from the same period suggested that 8% of smokers with a regular cigarette brand smoked menthol.⁹² 13% believed that menthol cigarettes were less harmful than non-menthol cigarettes, and over a third reported that they were smoother on the throat and chest.  Nearly two thirds  of surveyed smokers supported a complete ban on all cigarette additives, including flavourings.⁹²

An online sample of women aged 16- 26 (smokers and non-smokers) preferred packs with flavour descriptors.⁹³

• The tobacco industry has used a range to tactics to undermine and delay Brazil’s menthol ban. For details see Flavoured and Menthol Tobacco

Chile

In 2013, Chile sought to implement a law banning substances that cause higher levels of addiction, harm or risk, leading to tobacco industry resistance and interference.⁷⁴

• For details see Flavoured and Menthol Tobacco

Mexico

Studies of retailers in Mexican cities, found that the majority sold menthol and flavoured products, and more than half of stores situated near schools sold flavour capsule cigarettes.⁹⁴⁹⁵ Many flavoured cigarettes have descriptors which suggest there is a flavour, but the type of flavour is unclear: chemical analysis of dual flavoured cigarettes suggested flavours were menthol and another flavour, for example fruit.⁹⁶

A study in Mexico City found that colour and flavour descriptors on cigarette packs made the products more appealing, and some smokers believed they would taste better.⁹⁷

Guatemala

A study of convenience store retailers in Guatemala found that all sold flavoured tobacco products.⁹⁸

The majority (88%) of indoor tobacco advertisements in Guatemala were found to be for capsule cigarettes.⁹⁸

South East Asia & Western Pacific

There is high market share of menthol/flavour in India, Malaysia, Philippines and Thailand, and high market share growth in Vietnam.⁷⁵  A 2010 study noted that governments in the region had no legislation banning exotic flavours of cigarettes and cigarettes with new flavours had appeared in Cambodia, Indonesia, Malaysia and the Philippines.⁹⁹

Philippines

Menthol has been advertised to appeal to young women in the Philippines since the 1970s with menthol brands common for many decades.¹⁰⁰ PMI, JTI, BAT and Korea Tobacco & Ginseng (KT&G) all sell flavoured capsule cigarettes in the Philippines.¹⁰¹

Menthol packs studied in the Philippines were harder than non-menthol (for capsule protection) giving a quality feel. Flavoured capsule brands had a greater technological appeal,¹⁰¹ and packs were rated as more attractive by young adults.¹⁰²

Blue and white packs were perceived to be less harmful than other colours, as were the descriptors ‘light’ and ‘cool’, whereas the term ‘strong’ was perceived as more harmful.¹⁰²  Researchers called for greater action and support for banning flavour additives.

Malaysia

In Malaysia, menthol cigarette marketing has been aimed at young people and women.  In the 1980s Brown and Williamson’s Newport menthol cigarettes were marketed in Malaysia with youthful American images and were sold at a cheap price point.¹⁰³ An internal document from 1993 reveals how the company was developing sweet and fruit flavours for the Malaysian market. ¹⁰³¹⁰⁴ A 2003 study noted that the menthol variant of Cartier Vendome (a BAT brand at the time) was described as ‘pearl tipped’ so likely to appeal to women.¹⁰⁵

In 2013, vanilla, mint and fruit flavoured cigarettes were on sale, and strawberry cigarette packs with pink packaging were documented.¹⁰⁶

China

In China ‘flavour capsule’ was found to be one of the most common cigarette terms used in online tobacco marketing.  One website explicitly linked flavour capsules with female smokers.¹⁰⁷

Indonesia

In Indonesia the dominant cigarettes are kreteks which are flavoured with cloves.  Industry attempts to introduce their own cloved flavoured products had failed at least to 2004.¹⁰⁸  In 2009 PMI and BAT acquired two domestic manufacturers which allowed them access to the kretek market.¹⁰⁹ In 2009 PMI launched the first super slims kretek for women and Marlboro black menthol for young men.  By 2012 BAT had launched several kretek brands. Both companies were aware that kreteks  are particularly carcinogenic due to the presence of toxic chemical compounds: Anethole, Coumarin and Eugenol.¹⁰⁹

In Indonesia the flip lid of the cigarette packet was used by Esse (owned by Korean Tobacco & Ginseng, KT&G) to promote the brand with phrases evoking flavour, like “sweet surprise” and “its honey”.  Research found seven cigarette brands with capsules.  Flavours included mint, menthol, berry and honey.¹¹⁰

Eastern Mediterranean

There is high market share growth in in Pakistan and Egypt .⁷⁵

• See also Waterpipe for information on the role of flavours in promoting these products.

Eastern Europe

Data shows that in Russia menthol/flavour has both a high market share and high market share growth.⁷⁵

Other LMICs in the region with high market share growth are Ukraine, Bosnia Herzegovina, Belarus, Azerbaijan, Kazakhstan and Uzbekistan.⁷⁵

Relevant Links

WHO Advisory note: banning menthol in tobacco products (2016)

WHO Case studies for regulatory approaches to tobacco products: menthol in tobacco products (2018)

WHO FCTC decision on banning waterpipe flavour (2016)

A global map of menthol bans is available on Tobacco Atlas: Product Sales

TobaccoTactics Resources

• Flavoured and Menthol Tobacco
• Menthol Cigarettes: Industry Interference in the EU and UK

TCRG Research

A growing menace: menthol and flavoured tobacco products in LMIC, M. Zatonski, K. Silver, S. Plummer, R. Hiscock, Tobacco Induced Diseases, 2022;20(April):39, doi:10.18332/tid/146366
STOP research summary (May 2022)

Marketing of flavour capsule cigarettes: a systematic review, C. Kyriakos, M. Zatonski, F. Filippidis, Tobacco Control, Published Online First: 18 January 2022, doi: 10.1136/tobaccocontrol-2021-057082[/ref]

Flavour capsule cigarette use and perceptions: a systematic review, C.N. Kyriakos, M.Z. Zatoński, F.T. Filippidis, Tobacco Control, Published Online First: 04 October 2021, doi: 10.1136/tobaccocontrol-2021-056837

For a comprehensive list of all TCRG publications, including research that evaluates the impact of public health policy, go to TCRG publications.

References

The post Flavoured and Menthol Tobacco in LMICs appeared first on TobaccoTactics.

The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is an international treaty that aims to reduce the demand and supply of tobacco.¹¹⁵ The WHO FCTC includes a specific obligation, Article 5.3, requiring Parties to protect public health policies from commercial and vested interests of the tobacco industry.¹¹⁶

• More information on Article 5.3, and tobacco industry attempts to undermine the FCTC, can be found on the TobaccoTactics FCTC page.
• A summary and timeline of FCTC regulations can be found on: FCTC Regulations on the Need to Protect Public Health Policies from Tobacco Industry Interference

FCTC parties usually meet every two years at a Conference of the Parties (COP).¹¹⁷

Due to the COVID-19 pandemic, the 9^th session, or COP 9 as it is called, was postponed from 2020 to November 2021, to be held virtually.

Immediately following COP 9 is the second Meeting of the Parties (MOP 2). This oversees the Protocol to Eliminate Illicit Trade in Tobacco Products. This treaty was adopted at COP 5 and addresses means of countering illicit trade in tobacco products.¹¹⁸

This page summarises interference by the tobacco industry and its allies around the 9^th Conference of the Parties (COP 9).  It also covers the second session of the Meeting of the Parties (MOP2).

Incidents of documented interference at previous COPs are can be found in a timeline on:
History of Interference by the Tobacco Industry and its Allies During COP and MOP

Grants from the Foundation for a Smoke-Free World

The Foundation for a Smoke-Free World (FSFW) is wholly funded by Philip Morris International (PMI). Details of grants noted below can be found in FSFW’s tax returns.¹¹⁹¹²⁰

INNCO

• In 2020, the International Network of Nicotine Consumer Organisations (INNCO) received a grant of US$65,000 to: “assist the organization in its work to garner consensus and support for COP 9 to consider harm reduction as integral to tobacco control”.¹¹⁹ INNCO received a further US$52,000 for this grant in 2021.¹²⁰ During COP 9, INNCO organised some lobbying activities:
  • Published a report titled “Misinfodemic Dossier” criticising the WHO and Bloomberg Philanthropies.¹²¹¹²²
  • Organised a demonstration outside the UK Parliament.¹²³
  • Participated in a parallel event organised by CAPHRA.¹²⁴

INNCO again had its application rejected for observer status at COP.¹²⁵

Knowledge Action Change

• Another major FSFW grantee,¹¹⁹¹²⁰  Knowledge-Action-Change (K-A-C), publisher of the Global State of Tobacco-Harm Reduction (GSTHR) reports, has criticised the FCTC and COP. K-A-C  released a GSTHR report titled “Fighting the Last War: The WHO and International Tobacco Control” on 27 October 2021.¹²⁶ Fellow FSFW grantees, and now ex-President of the FSFW Derek Yach, spoke at the launch event. Ahead of the launch, GSTHR released a set of briefing papers that criticise the WHO FCTC and sought to use the UK’s stance on harm-reduction to influence international discussions at COP 9.¹²⁷

Analysis of FSFW’s 2020 tax return shows it awarded specific COP 9-related grants to two organisations, in Pakistan and Argentina, in addition to INNCO.¹¹⁹

Alternative Research Institute – Pakistan

• Pakistan’s Alternative Research Institute, received US$176,400 in 2020 to “build a momentum to include smokers’ concern in tobacco efforts before the COP 9”.¹²⁸ It received a further US$193,760 in 2021.¹²⁰

Asociación Argentina de Servicios Médicos de Avanzada – Argentina

• In 2020, the Argentinian Asociación Argentina de Servicios Médicos de Avanzada, received US$128,850 from FSFW for a project to “garner consensus and support for the ninth session of Conference of the Parties to the WHO Framework Convention on Tobacco Control (COP 9) to consider harm reduction as integral to tobacco control”.¹¹⁹ It received a further US$11,699 in 2021.¹²⁰

Economic Policy Research Foundation of Turkey – Turkey

• In September 2021, the Economic Policy Research Foundation of Turkey (TEPAV), another FSFW grantee, ¹²⁹ launched a report titled “The Economics of Curbing Smoking in Turkey: A Scoping Review”.¹³⁰ The report argues that the effectiveness of the implementation of WHO FCTC measures in the countries that adopted them have not all been up to expectations.

Tobacco Industry Meeting with Government in Brazil

• In August 2021, there was a collaboration meeting between members of the Brazilian government and the tobacco industry in preparation for COP 9. During this meeting, the tobacco industry asked for the support of the Brazilian government.¹³¹ A summary of tobacco industry positions was sent to the Ministry of Foreign Affairs, to “ensure that the government takes into account the views of the tobacco supply chain and act to ensure that COP 9 does not result in harm to their interests”.¹³²Civil society organisations denounced the industry’s attempts to interfere with the preparations for COP 9. As a result, the Brazilian National Commission for the Implementation of the Framework Convention on Tobacco Control (CONICQ), called for an open meeting in September. During this meeting, Federal Deputy for Rio Grande do Sul Marcelo Moraes and other government representatives, dismissed CONICQ efforts to discuss the Brazilian positions towards COP 9, arguing that CONICQ’s existence was under legal challenge.¹³²¹³³CONICQ was created in 2003, within the scope of the Ministry of Health, and has achieved international acclaimed for its achievements in tobacco control policies. However, along with other institutional spaces, the Commission was extinguished by the Decree No. 9,759/2019, during President Bolsonaro´s administration. The issue was taken to the Federal Supreme Court, where the measure was declared unconstitutional. After this decision, the Ministry of Health reinstated CONICQ´s legitimacy and existence. Over 70 organizations working in tobacco control in Brazil, Latin America and the world supported CONICQ and requested “the urgent and necessary formal reconstitution of the Conicq, by means of a presidential decree” ¹³³ to prevent the tobacco industry undermining of the institution and any setbacks to the implementation of the FCTC.

COP Enquiry run by UK All Party Parliamentary Group

• In February 2021, the UK All-Party Parliamentary Group (APPG) for Vaping, which is made up of MPs with a common interest in the issue but has no legislative power, set up an inquiry into COP 9. The consultation report was published in March 2021 listing several recommendations, including that the UK should consider its options in relation to future funding of WHO and WHO FCTC, and that it should consider withdrawing funds if WHO continues to discourage vaping as a form of smoking cessation.¹³⁴ It also called for the UK to include harm reduction public health experts in its delegation to COP 9 and to encourage other member states to follow suit.¹³⁴ Submissions to the inquiry included one from a tobacco company, Japan Tobacco International (JTI); and other individuals and organisations with industry links: the Adam Smith Institute, the International Network of Nicotine Consumer Organisations (INNCO), Mark Pawsey MP, JUUL Labs, the Reason Foundation, the Institute of Economic Affairs (IEA), the UK Vaping Industry Association (UKVIA), and The Federation of Philippine Industries, which has tobacco company members including Philip Morris International (PMI) and JTI.¹³⁵

COP 9 highlights

Held virtually in 2021, COP 9 provided the opportunity for Parties to meet and for some decisions to be made before 2023. However, most key discussions were postponed until COP10. Tobacco industry interference was detected, as the tobacco control community and several parties had warned.¹³⁶

Interference Within the Conference of Parties

Statements by the delegations of some parties argued for the  inclusion of “all” stakeholders in tobacco control discussions.¹³⁷ and for investment in harm reduction efforts. Delegations that were more actively using pro-industry statements were mostly coming from low-and middle-income countries (LMICs),¹³⁸¹³⁹ and from non-parties to the FCTC.¹⁴⁰ Evidence shows that the tobacco industry puts even higher pressure into LMICs, where the FCTC implementation is often in its initial phases.¹⁴¹¹⁴²

Noise around COP

Tobacco industry allies that could not attend COP 9 sessions, did not miss the opportunity to advocate on behalf of the industry´s interests on social media and through small scale street demonstrations¹⁴³¹⁴⁴ Attacks on WHO, COP and FCTC by tobacco industry allies aimed at undermining the importance of the work of WHO, the COP and the relevance of the FCTC, while at the same time requesting observer status to officially join COP.^145146147 Side events were organized to discuss what was happening at COP including parallel stream called “sCOPe” broadcast on YouTube.¹⁴⁸

More detail on FSFW grantee activities during COP 9 can be found in the STOP FSFW COP 9 Monitoring Brief

Relevant Links

• World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC)
• FCTC COP website
• WHO Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products
• FCTC MOP website
• The tobacco epidemic has not gone away (WHO news, 1 November 2021)

TobaccoTactics Resources

• COP & MOP
• Framework Convention on Tobacco Control
• Protocol to Eliminate Illicit trade in Tobacco Products
• Illicit Tobacco Trade

References

The post Interference around COP 9 & MOP 2 appeared first on TobaccoTactics.

Links to the tobacco industry

Funded by the Foundation for a Smoke-free World

The organisation has received funding on several occasions from the Foundation for a Smoke-Free World (FSFW), an organization solely funded by Philip Morris International (PMI). In 2018, ARI received U$S285,200 for “mapping the status of harm reduction products framework in Pakistan” and to conduct a study on smoking cessation and harm reduction products in marginalized communities in Pakistan.¹⁵⁵ In 2019, FSFW granted US$123,420 to  the Alternative Research Initiative, to “conduct a knowledge, attitudes and practices survey evaluating the use of harm reduction products (HRPs), mainly e-cigarettes, in 11 urban districts of Pakistan” and to “conduct a qualitative survey barriers to smoking cessation in marginalized areas of Islamabad, and assess the possible use of e-cigarettes in these areas”.¹⁵⁵

During 2020, ARI received US$340,960 from the Foundation for a Smoke-free world for two different grants: one to “study on barriers to smoking cessation and reduced risk products in marginalized communities in Pakistan” and a second one, more focused on advocacy, to “Garner consensus and support for COP9 to consider harm reduction as integral to tobacco control”.¹⁵⁵ This last grant is one of fifteen grants awarded in 2020 by FSFW that focusses on influencing the Conference of Parties of the World Health Organization Framework Convention on Tobacco Control (FCTC).¹⁵⁵ ARI received a further US$193, 760 for this activity in 2021.¹²⁰ In 2022 ARI received US$259,981 to “Support capacity of PANTHR (Pakistan Alliance for Nicotine and Tobacco Harm Reduction) to increase access to tools that support cessation and tobacco harm reduction in Pakistan, including engaging with health professionals to reduce impediments to access”.¹⁵⁶

Pakistan Alliance for Nicotine and Tobacco Harm Reduction (PANTHR)

The Pakistan Alliance for Nicotine and Tobacco Harm Reduction (PANTHR) is a project of the Alternative Research Initiative (ARI) with the stated aim of promoting solutions for smoking cessation in Pakistan and EMRO region (PANTHR EMR).¹⁵⁷ The organisation’s purpose is stated as follows:

“The alliance serves as a platform for advocating and promoting all innovative solutions for ending smoking whether counselling, NRTs, or harm reduction”.¹⁵⁸

For more information, go to Pakistan Alliance for Nicotine and Tobacco Harm Reduction (PANTHR)

Relevant Link

Alternative Research Initiative website

Tobacco Tactics Resources

Foundation for a Smoke-Free World (FSFW)

Philip Morris International

Pakistan Alliance for Nicotine and Tobacco Harm Reduction (PANTHR)

References

The post Alternative Research Initiative appeared first on TobaccoTactics.

Since the early 2000s TTCs have developed interests in e-cigarettes (also known as electronic delivery systems, or ENDS), heated tobacco products (HTPs), snus and nicotine pouches. Companies have referred to these types of products as ‘next generation products’ (NGPs) although terminology changes over time.

• See the product terminology page for more details, including terms favoured by the industry.

All of the ‘big four’ TTCs (PMI, BAT, JTI, Imperial Brands) have invested in Swedish-style snus and related products called nicotine pouches, which they have promoted as part of their harm reduction strategies.

Background

Nicotine pouches are similar to snus pouches as they are made to be placed between the lip and gum, and do not require spitting. However, nicotine pouches do not contain fresh tobacco leaf but a form of dehydrated nicotine that does not need to be kept cold.¹⁶⁴ The pouches also generally contain plant fibres, flavourings and sweeteners.¹⁶⁵ Nicotine is absorbed into the bloodstream via the mucous membranes in the mouth.¹⁶⁴¹⁶⁵ They are not new products and similar oral pouches with contents other than nicotine have been available in Sweden for many years, regulated as food.¹⁶⁵

TTCs have identified opportunities to market these products in countries where there is either an existing market for snus, or conversely in markets where tobacco snus is currently banned.¹⁶⁴

Researchers have cautioned that nicotine pouches in particular may appeal to youth and non-smokers, as they are often sold in a variety of fruit flavours, in attractive packaging, and can be used discreetly (more so than e-cigarettes).¹⁶⁴¹⁶⁶  They can also contain high levels of nicotine where unregulated.¹⁶⁶

“Tobacco Free”

It appears that some nicotine pouches, may use synthetic, or “tobacco-free”, nicotine (rather than nicotine derived from tobacco leaf),  creating confusion and uncertainty as to how best to regulate these products.^164167168169

In its 2022 annual report, BAT states that its “current portfolio contains no synthetic nicotine”.¹⁷⁰ PMI states that its pouches contain “nicotine derived from tobacco”.¹⁷¹ JTI and Imperial Brands do not refer to synthetic nicotine and describe their pouches as “tobacco-free”.^172173174175

In 2022, the UK independent scientific Committee on Toxicity (COT) noted in a discussion paper:

“the apparent variation in how manufacturers present nicotine content and strength across different products, which may be confusing for the consumer. In addition, use of the description ‘tobacco-free’ may be misleading as the nicotine may be derived from tobacco, which raises concerns regarding carry over of toxicologically relevant contaminants (e.g., metals and nitrosamines).”¹⁷⁶

COT also raised concerns around the lack of specific regulations for nicotine pouches in the UK, and the absence of data other than that produced by the industry.¹⁷⁶ COT planned to produce a full report for the UK government in autumn 2023.¹⁷⁶

See below for more on regulation.

Figure 1: Images of nicotine pouch brands owned by the largest tobacco companies as of 2023. (Source: TCRG. Product images from company websites)

Cigarette Companies Investing in Nicotine Pouches

The interests of the four main TTCs are summarised below, as well as those of Altria which also sells nicotine pouches outside the US. PMI was the last to acquire this product through its purchase of Swedish Match in 2022.

British American Tobacco

In 2019, BAT introduced nicotine pouches to its portfolio, marketing them as Lyft in the UK and Velo in the US.^177178179 A July 2019 news report suggested that BAT’s nicotine pouches were also on sale in Sweden, Italy and Tanzania.¹⁸⁰ BAT started  promoting Lyft /Velo in “emerging markets” in LMICs (see below).

In November 2020, BAT announced that it had acquired US-based nicotine pouch company Dryft Sciences, via its subsidiary Reynolds American Inc. (RAI), with the pouches to be sold under the Velo brand.¹⁸¹ According to BAT this would give them a combined share in the US nicotine pouches market of around 10%.¹⁸¹

BAT distinguished Epok, Lyft and Velo from traditional snus and allocated them to a new product category, which it called “modern oral products”.¹⁷⁷ In November 2019, it announced that it would consolidate its NGPs under fewer brand names, and all its “modern oral” products would be sold as Velo.¹⁸² It continues to market the product as Lyft in Sweden and Denmark.¹⁸³ It also sells nicotine pouches under its Niconovum brand Zonnic in Sweden.¹⁸⁴

BAT reported that it had sold 4 billion pouches worldwide in 2022, and held 69% of the market in Europe, although sales in the US had declined since 2021.¹⁷⁰¹⁸⁵ It also referred to an estimate that the global nicotine pouch market would grow by 500% by 2026, and referred to the launch of new products ranges called Velo Mini and Velo Max.¹⁷⁰ In 2023, BAT said that Velo was leading the market outside of the US and contributing to revenue growth.

In 2024 BAT reported that it had opened a new “innovation centre” in Southampton, UK, to focus on the development of nicotine pouches.

• For information on BAT’s other nicotine products see Newer Nicotine and Tobacco Products: British American Tobacco

Japan Tobacco International

Japan Tobacco International sells its  Nordic Spirit brand of nicotine pouches, mainly in Europe.¹⁸⁶¹⁸⁷ In its 2020 integrated report Japan Tobacco stated that the pouch was sold in nine countries, and that it held 70% of the UK market.¹⁸⁸¹⁸⁹ In 2021, it said that it “prioritized Sweden, Switzerland and the UK”.¹⁹⁰ In 2022, JTI announced that it had test-launched Nordic Spirit in the Philippines and was planning to launch a new “formula” in the UK.¹⁷³ In 2023, new strong and extra strong spearmint flavoured pouches went on sale in the UK, to meet the “demand for stronger variants”.¹⁹¹ According to the Nordic Spirit website its extra strong pouches contain 11mg per pouch (17mg per gram).¹⁹²

JTI also refers to its nicotine pouches as “modern oral” products.

• For information on JTI’s other nicotine products see Newer Nicotine and Tobacco Products: Japan Tobacco International

Imperial Brands

In May 2018, Imperial Brands announced that it had launched a version of its snus brand Skruf without tobacco leaf, called Skruf Super White, intended for sale in Sweden and Norway.¹⁹³ This product appears to have been rebranded as zoneX for the UK market in August 2019, however its direct sale in the UK was later discontinued.^{194195196  197} In 2022 Imperial’s website stated that in 2021, ZoneX  had “first launched in Sweden and Austria”, further launched in “Norway, Denmark and Estonia” in 2022 and finally made available in “Iceland and duty-free Middle East” in 2023.¹⁷⁴¹⁷⁵

In 2020, IMB had previously published an article on its Imperial Science website exploring what it described as “The Tobacco-Free Nicotine Pouch Opportunity”.¹⁹⁸They later said they had launched a “cutting edge bamboo fibre based product”.¹⁹⁹

Imperial’s website describes ZoneX users as:

“young adult nicotine users, typically 25+, urban and open-minded. They’re making lifestyle changes and favour a discreet way to enjoy nicotine.”¹⁷⁵

In 2023, Imperial acquired several nicotine pouch brands from Canadian company TJP Labs, to market in the US.²⁰⁰

Altria

In 2019 Altria announced that it was acquiring an 80% share in oral nicotine pouch on! from Swiss tobacco company Burger Sohne.²⁰¹²⁰² It set up a new subsidiary Helix Innovations, through which it would manufacture and market the product.²⁰¹²⁰² Altria stated that, as on! was already on sale across the US before August 2016, it did not require pre-market authorisation from the US Food and Drug Administration (FDA).²⁰¹ However, by mid-2020 it had submitted 35 Pre-Market Tobacco Product Applications (PMTA) for on!, it was sold in 40,000 US stores, and Helix was increasing manufacturing capacity.²⁰³ According to Altria, by the end of 2020 the number of stores selling on! had nearly doubled.²⁰⁴ A 2020 investor transcript reported that the product was “attracting female tobacco consumers due to its spitless, white and compact format” and accounted for 30% of this type of oral nicotine product.²⁰⁵

In 2021, Altria acquired the remaining 20% of on!.²⁰⁶ In 2022, it stated that it held over 20% of the UK nicotine pouch market, although the category was “increasingly competitive”.²⁰⁷ It also stated that Helix operates internationally, although most of its oral products are sold in the US.²⁰⁷ As of February 2023, the FDA had not issued marketing order decisions for any on! products.²⁰⁷

Philip Morris International

At the beginning of 2021, PMI did not have a nicotine pouch product on the market. However, in a presentation to investors in February that year, the company noted the “attractive economics” of this small, but growing, product category.²⁰⁸ CEO Andre Calantzopoulos said PMI was planning to develop a product through a “combination of partnerships and internal development”.²⁰⁹

In May 2021, PMI acquired Danish snus manufacturer AG Snus, manufacturer of Shiro nicotine pouches.²¹⁰²¹¹ For more details see Cigarette Companies investing in Snus.

In July 2021, PMI announced that it had acquired Fertin Pharma, a company specialising in nicotine replacement therapy (NRT) type products.²¹² At this time, PMI also began referring to gums and nicotine pouches as “modern oral” products, as BAT and JTI do.²¹²

• For more information see: Tobacco Company Investments in Pharmaceutical & NRT Products

At this time, PMI began referring to gums and nicotine pouches as “modern oral” products (as does BAT).²¹²

In 2022, PMI acquired Swedish Match.²¹³ Swedish Match specialises in snus and nicotine pouches, and does not sell cigarettes. By 2023, Shiro nicotine pouches were presented on the PMI website, along with snus, as “oral smokeless products”.²¹⁴ Its nicotine pouch Zyn has been sold mainly in Sweden and some other European countries, as well as the US (since 2015).²¹⁵ It also sells the Volt Pearls product in Denmark, Iceland and Sweden.¹⁷¹

• For more information see Newer Nicotine and Tobacco Products: Philip Morris International and Swedish Match

In its 2022 annual report, PMI stated that the Zyn trademark had an “indefinite life due to the fast growth and the leading position of the brand in the market”.¹⁷¹

The Global Market

According to a Tobacco Reporter article published in 2024, Euromonitor International values the global market at over US$10 billion and projects it to reach US$15 billion by 2027.²¹⁶ Nearly 15 billion units were sold in 2023, but they remain a small part of the market.²¹⁶

In 2023, Euromonitor analysts noted that in the US, there were over US$8.5 billion of retail sales and nearly 3% of the population uses pouches. However, the most rapid increase in sales in 2023 was in Pakistan where BAT markets Velo (see below), and they expect most growth going forward to be in Asia Pacific and Eastern Europe.²¹⁶ They also noted that most pouches were sold in the US in 2023, the other top five markets (Sweden, Denmark, Pakistan and Austria) between them sold less than a third of the units sold in the US market.²¹⁶ Other nicotine pouch markets include UK, Germany, Poland, Czech Republic, Uzbekistan, Ukraine and Indonesia.²¹⁶²¹⁷

PMI’s purchase of Swedish Match immediately gave it a 60% share of the global market in 2022, a jump from almost zero in 2021. BAT held around a sixth of the global market, and Altria and Swisher (a US-based tobacco company which also sells cigars, snus and snuff, and other nicotine products)²¹⁸ each held around a twelfth share.²¹⁹ The global market shares of other companies, including JTI and Imperial Brands, were negligible.

• For information on TTC interests in tobacco leaf snus see Cigarette Companies Investing in Snus.

Regulation of Nicotine Pouches

Nicotine pouches are subject to a variety of regulations around the world, from outright bans to partial or selective regulation, depending on how they are defined and classified by governments. In many cases no regulation is in place. The Institute for Global Tobacco Control (IGTC) tracks and reports regulatory approaches around the world (see below).²²⁰ Although not all countries contribute to its Policy Scans for nicotine pouches, the most up to date information available on the IGTC database at the time of writing is referenced below.

In the UK, as of 2023, nicotine pouches are regulated under general consumer product safety regulations, not as tobacco products. They are widely available in shops and online.^176220221 Concerns have been raised over their availability to youth, and social media marketing.^176222223 The UK Department of Health and Social Care stated that it was aware of concerns, but as the use of pouches was low (in England) it did not plan to introduce further regulation at this time.²²³

European Union

While there is an EU-wide ban on tobacco snus, nicotine pouches are not covered by current tobacco product regulations. This is subject to review in the next revision of the Tobacco Products Directive.²²⁴²²⁵ It is however important to note that individual member countries are diverging in the way they regulate these products.

Sweden has an exemption from the EU ban on snus.²²⁵ In Sweden, pouches containing products other than tobacco and nicotine have long been regulated as food items.¹⁶⁵ Zonnic oral pouches (owned by RAI from 2009,²²⁶ and BAT from 2017) were registered as an over-the-counter (non-prescription) drug in 2013, but only available from pharmacies and other regulated outlets.²²⁷ There are a range of nicotine replacement therapies (NRT) products registered under the same brand name (see below). In 2019, the Swedish National Food Administration advised that nicotine pouches should now not be regulated as food, as they were intended to be spat out and the contents were mostly absorbed through the mouth, not the stomach.¹⁶⁵

Elsewhere in Europe regulation varies widely. In France nicotine is classified as a poisonous substance, subject to regulation, but pouches can be regulated as a medicine for cessation purposes.²²⁰ In Finland nicotine pouches are no longer classified as medicines, unless marketed as such.²²⁸ In Norway (not in the EU but a member of the European Economic Area) a total ban on nicotine pouches and other newer products was lifted in July 2021, and replaced by a market approval scheme.²²⁹²³⁰ Both tobacco-derived and synthetic nicotine pouches are regulated, but advertising and sponsorship are banned.²²⁰

In contrast, in March 2023, Belgium announced a total ban on nicotine pouches, by royal decree.²³¹²³² BAT were reported to be petitioning the courts to annul the decree.²³³ The Netherlands announced a ban a month later.²³⁴²³⁵

In 2021, the German Office of Consumer Protection and Food Safety (BVL) stated that nicotine pouches were not regulated under either the tobacco legislation or as foodstuffs and so could not be legally sold.²³⁶ BAT removed its nicotine pouches from the German market that year.²³⁶ Some federal states have withdrawn pouches, and some products have been classified as a health hazard due to high levels of nicotine.²²⁰

North America

In the US, nicotine pouches are regulated by the FDA and subject to age restrictions, a nicotine health warning and pre-market assessment .²²⁵ There are also regulations specific to synthetic nicotine.²³⁷ Nicotine pouches are freely available to consumers.²¹⁵ US researchers have noted a “loophole”: as nicotine pouches were not included in the smokeless tobacco regulation, companies are able to advertise nicotine pouches on radio, TV and other media.²³⁸

Initially the Canadian government did not authorise the sale of nicotine pouches, and issued an alert, stating that as they had not been assessed by “safety, efficacy and quality” they might contain high levels of nicotine and be harmful to health.²³⁹ These products are now regulated, either classified as a ‘Natural Health Product’ or as a prescription drug, depending on the level of nicotine.²²⁰ In July 2023, Health Canada authorized the marketing of BAT’s Zonnic nicotine pouch (with 4mg of nicotine) as a natural health product.^240241242243 Physicians for a Smoke-Free Canada reported that this product contains the same ingredients as BAT’s Velo,²⁴² and noted that:

“BAT will face very few restrictions on how it can market ZONNIC nicotine pouches in Canada, other than with respect to how it represents the therapeutic benefits of the product.”²⁴²

Australia & New Zealand

As with e-cigarettes and heated tobacco products, nicotine pouches are banned from sale in Australia, and only available on prescription.²²⁰

In New Zealand, oral tobacco products (including snus) and nicotine pouches are banned, unless approved as medicines.²²⁰ (E-cigarettes are regulated, but not banned)

New and emerging markets

In some low and middle-income countries, including Argentina, Bangladesh, Georgia, Indonesia, India, and Nigeria, only tobacco-derived products are regulated as tobacco products, but not those derived from synthetic nicotine.²²⁰ In others, including Brazil, Brunei Darussalam, Iran, and Thailand, both are regulated as tobacco products.²²⁰ In Ukraine there are no specific regulations in place, but synthetic nicotine pouches are regulated as a food product.²²⁰ Mauritius bans both,²²⁰ whereas in Uruguay, nicotine pouches are categorised as a form of nicotine replacement therapy (see below).²²⁰

At the time of writing, July 2023, nicotine pouches remain unregulated in most countries.²²⁰

As researchers from Norway, among others, have pointed out:

“The boundaries between various tobacco and nicotine products are getting less clear, making it possible for the tobacco and nicotine industries to take advantage of the discrepancies in regulation.”¹⁶⁶

• The Policy Scan Project, by the Institute for Global Tobacco Control (at Johns Hopkins University), which tracks and reports regulatory approaches to nicotine pouches around the world.
• For information on tobacco regulation more broadly, see the Tobacco Control Laws website, published by the Campaign for Tobacco Free Kids (CTFK).
• For countries that are parties to the WHO Framework Convention on Tobacco Control (FCTC) progress towards implementation of relevant articles, including newer products, is detailed in the FCTC implementation database.²⁴⁴

BAT Promoting Nicotine Pouches in LMICs

BAT began marketing Lyft in Kenya in 2019, and Pakistan in 2020. In 2021, BAT said that it was also test marketing its product in Bangladesh and Indonesia.²⁴⁵ and “consumers are familiar with other similar oral products”.²⁴⁶ The company has identified an opportunity to market these products in countries where electronic devices are less popular, affordable, or available due to regulatory restrictions. It also referred to markets where there is was a “pre-existing ritual of oral product consumption”.²⁴⁵²⁴⁶

Kenya

After announcing its intention to sell nicotine pouches in Kenya, BAT launched Lyft in the country in December 2019.^180247248 In February 2020, the company announced that it was planning to build a new factory in Nairobi to produce nicotine pouches, and for Kenya to become a regional export hub for the product.²⁴⁹ BAT Kenya (BATK) managing director, Beverley Spencer-Obatoyinbo said that “Given the high incidence of oral stimulant use among smokers, we believe that this new product category will provide a viable alternative to smoking”, although she presented no evidence at the time to support this statement.²⁴⁹

In response to concerns about the potential impact on tobacco farmers, Business Daily Africa reported that BATK’s head of legal and external affairs stated that the company was “using proceeds from the tobacco portfolio to invest in the new categories. When the time comes, we will help them (farmers) transition to sustainable crops,” although this was “not a change that can happen overnight”.²⁵⁰ Spencer-Obatyoinbo confirmed that BAT switching to “non-combustibles” was “not an immediate thing”.²⁵⁰ Nevertheless, in September 2020, BAT was reported to be lobbying the Kenyan Revenue Authority (KRA) for a tax break for the product, citing its large investment and potential exports.²⁵¹ (According to BAT the nicotine for its pouches is currently manufactured in Switzerland.)²⁵¹ The Chief Executive of the International Institute for Legislative Affairs argued that this would be a “huge setback for tobacco control interventions in Kenya”.²⁵² For more information see the Kenya country profile page.

Nicotine pouches were initially registered as a pharmaceutical product by the Kenya poisons board.²⁵³ This designation was challenged by local advocates.²⁵³ Health Cabinet Secretary Mutahi Kagwe wrote to the poisons board, arguing that the product had been wrongly designated, and stated that it was being distributed via vending machines in contravention of the law.²⁵³²⁵⁴ Although Lyft was de-registered and effectively banned, there was a reported lack of enforcement and the product was found to still be on sale in December 2020.²⁵⁴²⁵⁵ In February 2021, the Kenyan government said that it was intending to classify nicotine pouches as a tobacco product under the Tobacco Control Act, making the product subject to similar marketing restrictions as cigarettes and other tobacco products.²⁵⁴ Concerns have been raised in Kenya over potential use by children (see below).

In February 2021, BAT told investors that “In Kenya, we have temporarily suspended sales due to local regulatory challenges and continue to engage with the local authorities.”²⁴⁵ In March it told the Kenyan media that it was planning to spend Kenya Sh1 billion (US $10 million) on marketing Lyft once the product was approved.²⁵⁶ This included plans to set up distribution networks across 21 countries in the Common Market for Eastern and Southern Africa (COMESA).²⁵⁶

In 2022, BAT’s nicotine pouch was back on the market in Kenya, as Velo.²⁵⁷ In its annual report, BAT stated it had “reintroduced Velo to a limited retail universe with positive early momentum, as we focus on driving guided trial.”¹⁷⁰

The introduction of Velo has not been without controversy, and politicians in Kenya are again asking for the product to be banned. Letters between BAT and the Kenyan Ministry of Health reveal that BAT had lobbied to reduce the size of warning labels on the product.²⁵⁸

BAT has also lobbied against increased taxes on these products.^259260261

Pakistan

Velo was launched by BAT in Pakistan in December 2019, with a campaign run by Ogilvy Pakistan “positioned towards affluent adult consumers”.^262263264

A Freedom of Information Request submitted by Bath TCRG revealed that UK High Commission staff in Pakistan had attended a “social event” for Velo in February 2020. The FOI stated that “They were invited by the event coordinator and did not meet any Velo representatives at the event.”²⁶⁵

• British diplomats have previously been associated with lobbying by BAT in Pakistan, and other LMICs. See the page on UK Diplomats Lobbying on Behalf of BAT

BAT said it was “particularly proud of Velo’s performance in Pakistan”. ¹⁸⁵ In its 2022 annual report, BAT stated that Pakistan was its third largest market for nicotine pouches. It said that the market was “enabled by powerful, consumer-centric digital activations”, and that it was selling over 40 million units a month.¹⁷⁰ These sales figures, and rapid growth, are roughly consistent with Euromonitor’s estimates.²¹⁹

South Africa

Unlike NRT products, nicotine pouches are not on the South African Health Products Regulatory Authority’s list of approved medicines, for which it would be subject to clinical trials and regular monitoring updates. Nicotine pouches are also not regulated as tobacco products because the nicotine is synthetic and does not fall under the definition of tobacco products in the Tobacco Products Control Act (2018). This means that they can be sold without health warnings and can be sold to those under the age of 18.²⁶⁶

South Africa is also one of the target markets for PMI’s ZYN nicotine pouches. ²⁶⁷

Indonesia

In February 2021, BAT referred to the test marketing of its nicotine pouches in Indonesia.  BAT reported “encouraging results”.²⁴⁵ External statistics suggest the market remained small.²¹⁹

Concerns Around Use by Youth

Researchers in the US have identified the risk of nicotine pouches appealing to non-smokers and in particular youth, as some products come in a range of fruit flavours and are more discreet than e-cigarettes.¹⁶⁴²⁶⁸ As of 2024, PMI was facing a lawsuit for ZYN in the US on the basis of the product being addictive and harmful to young people. The lawsuit states that PMI is benefiting from the promotion of the brand on social media. ²⁶⁹The FDA has also issued warning letters and penalty charges to a number of retailers for the underage sale of flavoured ZYN nicotine pouches. As of April 2024, the FDA has not authorised the sale of ZYN products in the United States. ²⁷⁰²⁷¹

Although they can only legally be sold to adults in the UK, concerns have been raised over potential use by children.¹⁷⁶²⁷²

In 2020, there were reports that Lyft was being used by children in Kenya.²⁴⁹²⁷³ Children were also reported to be using the products in schools in Scotland.²⁷⁴

In February 2021, journalists from the Bureau of Investigative Journalism published an article describing how BAT used social media influencers to promote its nicotine pouches in multiple countries, including Australia, Kenya and Pakistan. The authors argued that this was part of a campaign targeted at young people, rather than older adults trying to quit smoking.^275276277

An investigation by The Guardian newspaper in 2023 identified further promotion in the UK via social media and music events, as well as prize draws and the provision of free samples.²²³

BAT also promotes Velo through motorsport sponsorship.²⁷⁸²⁷⁹

• See Snus: Marketing to Youth for information on earlier tobacco company marketing of the tobacco leaf product.

Industry Alliance Lobbying in the EU

The ‘Nordic Nicotine Pouches Alliance’ (NNPA) was established in Belgium in 2020.²⁸⁰ As of March 2024, BAT and JTI are the only partners listed on the NNPA website.²⁸⁰

The NNPA webpage states “We engage, inform, and increase knowledge about nicotine pouches”.²⁸¹  However, on the EU transparency register, its stated goal is to “focus on regulation concerning nicotine pouches within the European Union”, specifically the Tobacco Products Directive and the Tobacco Taxation Directive.²⁸²²⁸³ Jonas Lundqvist, NNPA CEO, is listed as the accredited lobbyist on the EU register.^284282283 In 2022, the estimated cost of NNPA lobbying activities was listed as €400,000-499, 999, four times the amount listed in 2021.²⁸²²⁸³

NNPA also runs the online news platform ‘Pouchforum’.²⁸⁵ Articles published on the platform have accused the European Commission of misrepresenting the risk of nicotine pouches,²⁸⁶ and suggested that the Commission does not act in a transparent manner.²⁸⁷ The site editor is Robert Casinge, also ‘Senior Partner’ in the NNPA, and previously listed as a lobbyist on the EU register.²⁸³²⁸⁸

Framing Nicotine Pouches as NRT

TTCs appear to be framing their nicotine pouches as a nicotine replacement therapy (NRT), which is designed to help smokers quit.^289290291 However, they are also marketing them as consumer products, including for use when it is not possible to smoke or use e-cigarettes, for example on a plane. ^292293294

In 2016, researchers in the US pointed to the implications for both product regulation and smoking cessation,²²⁶ and the:

“blurring of the lines between cessation products and novel tobacco products and potentially confusion and misuse by consumers which may result in initiation or situational and dual use of tobacco products.”²²⁶

All four of the main transnational tobacco companies have conducted their own research on nicotine pouches, published on their science websites.

BAT markets Niconovum NRT products, in the US and Sweden under the brand name Zonnic; in Sweden, Zonnic products include nicotine pouches.^184295296 In 2020, BAT also rebranded its Revel nicotine lozenge as Velo – the same brand as its nicotine pouch – in the US (and submitted it for pre-market approval). ²⁹⁷²⁹⁸

In its 2022 annual report, BAT stated that “[t]he weight of evidence suggest Modern Oral nicotine pouches have a profile that is comparable to nicotine replacement therapy products”. It cited BAT’s 2021 research on Velo, which compared snus, nicotine pouches and NRTs.¹⁷⁰²⁹⁹ However, the 2022 report then went on to acknowledge “low levels of average daily consumption and high poly-usage”, leading BAT to submit a further PMTA for a “superior” product.¹⁷⁰ As of February 2023, no Velo products had received pre-market approval in the US.¹⁷⁰ At the time of writing, it was not yet clear how BAT planned to promote its Zonnic nicotine pouch after it was approved for sale over-the-counter in Canada in July 2023.^240241243

BAT’s science website presents its research on nicotine pouches, as well as a summary of the ‘Snus and the Swedish Experience’.³⁰⁰ For more background on this topic see The Swedish Experience.

PMI acquired Fertin Pharma in 2021, stating that Fertin was a “leading producer of Nicotine Replacement Therapy (NRT) solutions”.²¹² PMI has also referred to the “medical” or “pharmaceutical” grade nicotine in its products.¹⁷¹³⁰¹ (Read more about on PMI’s acquisition of pharmaceutical companies.)

PMI’s science website presents its research on nicotine pouches.³⁰¹ It does not refer to its snus products on these pages.^301302303

Imperial Brand’s science website has cited evidence on tobacco-leaf snus and other next generation products (NGP)s to support its statement that “these products are more satisfying – and acceptable – to adult smokers than traditional nicotine replacement products (NRTs) like patches, lozenges, and gums”.¹⁹⁸  However, the evidence it cites pre-dates the widespread sale of nicotine pouches by TTCs: the 2016 report from the Royal College of Physicians (RCP) refers only to Zonnic and does not discuss satisfaction of acceptability of the product.²⁹¹

Imperial refers to its use of “high purity pharmaceutical grade nicotine”.¹⁹⁸³⁰⁴ In May 2021, Imperial published its “comprehensive scientific assessment” of its nicotine pouches, in comparison to cigarettes.³⁰⁵

Japan Tobacco‘s science website does not feature nicotine pouches, although it includes  its research on these products.³⁰⁶

Environmental Impact

The impact of cigarette filters on the environment is well documented. More recently, the impact of single use, or ‘disposable’, e-cigarettes has been highlighted

As the nicotine pouch market grows the disposal of these single use products is an emerging concern.³⁰⁷³⁰⁸

On its website, BAT states that the Velo plastic cans are being upgraded to use single polymer plastics in order to “align with the group’s ESG ambitions”. ³⁰⁹

TobaccoTactics Resources

• Snus
• Cigarette Companies Investing in Snus
• Newer Nicotine and Tobacco Products
• Harm Reduction

TCRG Research

• S. Peeters, A. Gilmore, Understanding the emergence of the tobacco industry’s use of the term tobacco harm reduction in order to inform public health policy, Tobacco Control, 2015,24(2):182-189

For a comprehensive list of all TCRG publications, including TCRG research that evaluates the impact of public health policy, go to the Bath TCRG’s list of publications.

References

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