EU draft Tobacco Products Directive: who to write to and what to say (a short guide)

Clive Reedman;8765590 said:

I post below two responses I have received out of the five I requested from my MEP's. Both are informed, detailed and well thought out, which is heartening.

>>Dear Mr Reedman,

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, I believe that much more research needs to be done 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.

My main concern is 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.

I do however believe that this evidence must be balanced against the numerous studies where smokers, including yourself, 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 recently written a question to the European Commission about the use of electronic cigarettes. A copy of her question is copied here for your reference. I will of course keep you updated when an answer to this question is provided by the Commission.

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?

I will continue to monitor the situation closely and look forward to the European Commission’s response on e-cigarettes in order to make an informed decision regarding their use before the first vote takes place on 25th February 2013.

Yours sincerely,

Catherine Bearder MEP

Liberal Democrat member of the European Parliament for the South East of England
Constituency Office
27 Park End Street
Oxford
OX1 1HU
+44 1865 249838
Catherine Bearder MEP <<

>>Dear Clive Reedman,

Many thanks for writing to me about the important issue of the EU Tobacco
Products Directive, and how it will affect electronic
cigarettes.

Because e-cigarettes are a relatively new product they are regulated
differently in each EU country. Some countries allow e-cigarettes to be
sold without any regulation at all. Others have banned the sale of
e-cigarettes. As the UK is part of the EU's internal market it is important
that we harmonise the way we deal with this product, otherwise consumers
could be buying unregulated products which do not conform to basic safety
standards, either within their own country, or by easily purchasing it over
the internet from a neighbouring country.

The European Commission has proposed that all 'nicotine containing products'
with more than 2mg per unit should not be classed as tobacco products.
Instead, under the Commission's proposals, nearly all e-cigarettes will need
to get authorisation as a pharmaceutical product, in the same way as
nicotine patches, sprays and gums.

The Commission is not proposing a ban on e-cigarettes. The Commission is
saying that they should not be regulated as a tobacco product (they do not
contain any tobacco, after all), but instead they should be regulated in the
same way as other products which deliver nicotine, such as gums, sprays and
patches. This will mean that e-cigarette manufacturers will have to go
through the same process of testing and proving their product before selling
it.

Of course there is a balance to strike. On one hand e-cigarettes have the
potential to be a helpful way to help somebody quit smoking entirely and
greatly improve their health. On the other hand e-cigarettes currently can
contain up to 48mg of nicotine - far more than a regular cigarette, making
them highly addictive. As nicotine is the drug that makes cigarettes
addictive, somebody that tries e-cigarettes could be much more likely to go
on to smoke regular cigarettes. Furthermore, there is no evidence that
e-cigarettes are safe, and it is concerning that they are being marketed as
a 'healthy' alternative to smoking.

Currently we do not have any conclusive evidence either that e-cigarettes
are helpful for giving up smoking, or that they encourage
it.

While we do not have this scientific evidence to rely on I think it is wise
to have a cautious approach to e-cigarettes. If they are
effective in helping people to stop smoking, then it is appropriate that
they are regulated in the same way as other smoking cessation tools, such as
nicotine patches.

The Commission proposal is not final and there will be many months of
negotiations by the European Parliament, as well as health ministers from
the UK and other EU countries, before the legislation is agreed. During this
time Labour MEPs will be looking carefully at all of the measures and trying
to find the best way to ensure that we effectively reduce smoking rates in
the UK and across Europe.

Thanks again for writing to me on this important issue. I am enclosing a
proforma 'Stay In Touch'; if you would like to be kept in touch about my
work in the European Parliament, please complete and return this to me.

Best wishes.

Yours sincerely,

Peter Skinner, Labour MEP for the South East
Fort Pitt Business Centre
Suites 4 & 5
New Road
Rochester
Kent ME1 1DU

Tel: 01634 840930
Mobile: 07889 703070
Email: adam@peterskinnermep.eu<<

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