Dear Matt1988,
Thank you for contacting me regarding the revision of the Tobacco Products Directive.
Whist the overall objective of the revision is to improve the functioning of the internal market, it is expected that citizens in all Member States will benefit from improved public health.
I understand that as a previous heavy smoker you are concerned by the idea that electronic cigarettes could be banned by this Directive. However, electronic cigarettes containing nicotine over a certain threshold will be allowed if they have been authorised as pharmaceuticals. It is only cigarettes, roll-your-own and smokeless tobacco products that have a characterising flavour, such as menthol cigarettes and smokeless tobacco with a liquorice taste that will be prohibited.
As electronic cigarettes are still a relatively new invention, more research is being conducted before a final Directive can be agreed on. Evidence on the safety of e-cigarettes is limited and there is no evidence regarding the health effects of long term use.
There are also concerns surrounding the health effects of electronic cigarettes. Although preliminary tests of the original e-cigarettes produced by Ruyan, a Chinese electronics company, suggest that they are relatively harmless in comparison with smoking, there are now many different models on the market that have not been tested. Further, a draft review by the WHO's Tobacco Regulatory Group notes that the extent of nicotine uptake and the safety of e-cigarettes have yet to be established. In addition, a study on the acute pulmonary effects of using an e-cigarette found that there are immediate adverse physiological effects after short term use that are similar to some of the effects seen with tobacco smoking. Further, the World Health Organisation (WHO) reported that there is concern that nicotine delivery to the lung might result in stronger toxicological, physiological and addictive effects.
This evidence must be balanced against the numerous studies where smokers have been able to quit conventional cigarettes after taking up an e-cigarette.
One of my Liberal Democrat colleagues in the European Parliament, Marielle de Sarnez, has written a question to the European Commission about the use of electronic cigarettes. A copy of her question is copied here for your reference.
Over the last few years, more and more people in Europe have started using electronic cigarettes. According to a study by the Commission's Directorate-General for Health and Consumers, 7 % of EU citizens claim to have tried them and the total value of the EU market was between EUR 400 and 500 million in 2011. These new e?cigarettes, which can be recharged using cartridges containing nicotine and flavourings, use a mechanism that produces water vapour, rather than burning tobacco which produces tar. Manufacturers claim that they are less harmful than standard cigarettes. However, it is still not completely clear how smoking electronic cigarettes affects people's health. The World Health Organisation does not think that they should be used to wean people off standard cigarettes and still classifies nicotine as a ‘very dangerous’ substance. According to a 2010 study by the French National Research and Safety Institute, the liquid used to recharge the cigarettes also contains traces of propylene glycol, which can be toxic if consumed in large amounts. The French Agency for the Safety of Health Products (AFSSAPS) does not recommend that people use e?cigarettes to give up smoking, because it is still not clear how they affect human health. The agency's fear is that people who are not addicted to cigarettes and nicotine would develop an acute addiction by using these products. In 2010, the Commission, in its answer to a parliamentary question, said that it would look into the issue of electronic cigarettes and assess ‘the impact of a (…) revision of the Tobacco Products Directive’
Given that it is not clear how electronic cigarettes affect consumer health and whether they can lead to addiction, does the Commission intend to carry out a study into the potential risks of e?cigarette use, particularly among young people? Does it plan to revise EU legislation on smoking to take account of its findings?<o:p></o:p>
The European Commission’s Health Commissioner responded:
On 19 December 2012, the Commission adopted a proposal(1) for the revision of the Tobacco Products Directive, which covers nicotine containing products such as electronic cigarettes.
Article 18 of the proposal provides that nicotine-containing products above a certain nicotine level may only be placed on the market if they are authorised as medicinal product. With regard to nicotine-containing products below the threshold, each unit packet and any outside packaging must carry a health warning mentioning that the product contains nicotine and can damage the health of the consumer. The Commission would adapt the thresholds and the health warning by delegated acts to react swiftly to market and scientific developments with regard to e-cigarettes and other nicotine-containing products.
The proposal is now being discussed in Parliament and Council.
My Liberal Democrat Euro MP colleague Rebecca Taylor is taking an interest in this issue and you can follow developments on her website - www.rebeccataylor.eu/
I hope this information is useful to you.
Yours sincerely,
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Catherine Bearder MEP<o:p></o:p>
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