Good but insufficient: Statement on planned regulation for heated tobacco products

13.01.2023 As part of an association participation on the draft of a third law to amend the Tobacco Products Act with regard to the withdrawal of certain exemptions in relation to heated tobacco products and on the draft of a fourth ordinance to amend the Tobacco Products Ordinance, Pro Rauchfrei announces its statement submitted to the Federal Ministry of Agriculture.

Essentially, Pro Rauchfrei welcomes the facts that

  • the existing ban on the market placing of cigarettes and roll-your-own tobacco with a characterising flavour and the ban on filters, paper and capsules containing tobacco or nicotine is extended to include heated tobacco products, and
  • heated tobacco products that are categorised as smoking tobacco products must carry combined text-image warnings and an information message.

However, the draft does not go far enough. Germany has a considerable need for improvement in tobacco control and non-smoker protection. Germany ranks 34th out of 37 European countries on the international Tobacco Control Scale ( According to reports by the Federal Government’s Drug Commissioner, more than 120,000 people die from tobacco smoke in Germany every year, approximately one person every four minutes. The German Cancer Research Centre (DKFZ) estimates that 3,300 non-smokers die from passive smoking every year. Smoking and passive smoking also cause serious damage to the health of many other people. It is therefore incomprehensible why the draft law is limited to implementing the Delegated Directive (EU) 2022/2100 and does not even provide for the few improvements in tobacco prevention that were agreed in the German government’s coalition agreement.

We demand the following with regard to nicotine-containing consumer products

  • a comprehensive ban on advertising and sponsorship
  • a ban on free distribution and playout
  • Plain packaging
  • mandatory visibility of warning images and notices when making available for sale
  • comprehensive and nationwide protection of non-smokers, including mandatory labelling for
  • workplaces,
  • educational and childcare facilities and playgrounds,
  • public authorities,
  • health facilities,
  • catering, without exceptions for smoking restaurants and smoking rooms and including outdoor catering,
  • cultural and leisure facilities,
  • sports facilities,
  • public transport and bus stops,
  • other publicly accessible spaces,
  • apartment blocks including balconies,
  • entrance areas of protected facilities,
  • households with underage children, including vehicles if minors and pregnant women are on board,
  • public open-air events.

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