We Are Innovation

The European Commission published last week an Evaluation Report encompassing its Tobacco Products and Tobacco Advertising Directives, intending to assess the effectiveness of the EU’s regulations regarding these topics. The review process took over three years and its official conclusions were unveiled now – let’s take a look at it.

According to the Commission, “EU rules on tobacco control have contributed to a significant decline in smoking and tobacco-related deaths across the EU.” Nevertheless, the report also states that new public health concerns have arisen due to the growing popularity of “novel products” such as e-cigarettes, heated tobacco products and nicotine pouches, claiming these pose a particular threat to younger generations and may act as a gateway to nicotine addiction.

In sum, the EU perceives the current legislation as effective and Innovative Nicotine Products (INPs) as the next great satan to be defeated. But, is it really like that?

First of all, the claim that the laws under review contributed to a “significant decline in smoking” within the EU is highly questionable. The Evaluation Report covers a time period between 2012 and 2023, in which the average EU smoking rate was reduced by 4%, from 28% to 24%. Meanwhile, country-specific cases show that it is possible to achieve sharper declines, sometimes within way shorter timespans:

Sweden has seen a 12% decrease in its smoking rates, having ultimately achieved smoke-free status last year. Its smoking rate is only 5.3% amongst the general population, going down to 4.5% amongst individuals who experienced Swedish policies all their lives;
Czechia’s smoking rates have seen a 7% decline in just 3 years;
Greece had its smoking rates reduced by 14% between 2020 and 2023.

It is important to mention, as well, that smoking cessation rates amongst EU citizens are also remarkably low – from 3 to 12% – while relapse rates are high – from 75 to 80% in the first 6 months and 30% to 40% after the first year. The current landscape suggests that the Union will miss its smoke-free target by 60 years, a gap between 2040 and 2100.

But what’s more interesting is the way the EU’s success cases against smoking – Sweden, Czechia and Greece – have achieved their smoking rate declines.

Sweden’s anti-smoking policies consist of a blend between applying traditional approaches and ensuring the accessibility, affordability and acceptability of INPs. In fact, it was there that nicotine pouches were created. Such seems to have a relevant impact on public health. Sweden has 31.3% fewer cancer deaths overall and 36% fewer lung cancer deaths compared to the rest of the EU. Czechia, in turn, managed to undermine smoking after several coordinated efforts between ministries, encompassing evidence-based policymaking and fair taxation. Finally, Greece’s huge win in significantly reducing its high smoking rates stands as a consequence of a shift from prohibitionist policies to a regulatory framework valuing science and reduced-risk assessments.

Yet, the EU does not seem interested in looking for some guidance in its own successful member-States. Despite promises from the European Commission to apply better regulation standards through a comprehensive, evidence-based, and unbiased evaluation, several errors and biases were reported during the review process.

The science used behind the current regulations is faulty and insufficient. At the moment, the Commission mostly relies on SCHEER Opinion s, which fails to assess the comparative risks of vaping versus smoking. Regarding smokeless products, official statements have dismissed its reduced-risk, contradicting international health authorities and independent researchers. Additionally, an Open Evidence Report published in 2021 covered only 10 EU countries and was mostly based on outdated data.

The advantages of INPs for health in comparison to cigarettes should not be sidelined. A study assessing the risk of several nicotine products has given traditional cigarettes a risk score of 100, while heat-non-burn devices were scored at 5, electronic cigarettes at 3 and nicotine pouches at 0.1. Another study, focused on toxicity, has found cigarettes to have 84 potentially toxic substances, against a much lower number of 5 within nicotine pouches. But the potential of INPs extends beyond academic research, public opinion and real life success stories also matter.

EU citizens were inquired about this topic but their responses have been ignored. A 4-week public consultation taken over from 20 May to 17 June of 2022, which attracted over 24000 Europeans across all member-States, revealed overwhelming support for INPs – 77% of consumers agreed that e-cigarettes, nicotine pouches and heated products can help with smoking cessation. It was also found that the biggest issue for the respondents was the excessive regulations of these products. Yet, the Commission keeps on announcing plans for more restrictions, including flavour bans, and placing INPs as a threat that should be erased.

Other stakeholders that have been disregarded from the conversation on EU anti-smoking laws are Small Business Enterprises (SMEs) and rural regions. Institutions did not conduct any study assessing the impact of regulatory changes would affect these players, excluding over 187,000 small, family-run tobacconists across the EU, alongside rural communities.

The EU’s current anti-smoking regulations are failing. Sweden, Czechia, and Greece prove that embracing innovatios delivers results. Meanwhile, most Europeans recognize the value of these alternatives for smoking cessation, yet their voices remain ignored. Now After decision makers can either continue ignoring science and real-world success or adopt a modern regulatory model that prioritizes consumers and public health outcomes.

* Beatriz Santos is the Chief Communications Officer (CCO) at We Are Innovation. She is based in Lisbon, Portugal. Beatriz started publishing articles through her University newspaper and eventually moved to national and international reach outlets, including the well known Portuguese outlets NOVO and Observador. Her professional career includes international communications experience with the ATREVIA agency and the European Parliament. She also has two published books and is an essential part of the Students For Liberty organization in Portugal. With a focus on positive change and global cooperation, Beatriz actively seeks partnerships across the globe to promote innovative initiatives.