http://www.jstc.or.jp/E-mail desk@nosmoke55.jp〒162-0063 東京都新宿区市谷薬王寺町 30-5-201
Tel 03-5360-8233 FAX 03-5360-6736

Minister of Health, Labor and Welfare, Mr. Nemoto Takumi
12 October 2018	 
General incorporated association Japan Society for Tobacco Control
Sakuta Manabu, Chairperson

Request form
At the "8th Conference of the Parties" (COP 8) in Geneva, Switzerland on October 6,
the WHO Tobacco Control Framework Convention implemented a major resolution ontobacco control.
This resolution concerns the so-called “heated tobacco” or “heat-not-burn tobacco”
and how to regulate it, and specifically if this new kind of tobacco ought to be regulated
like the traditional forms of tobacco.
Accordingly, each country notes in the WHO report (document FCTC / COP 8/8) thatthey have stipulated that this new kind of heated tobacco and other newly emerging
forms of tobacco will be regulated according to domestic law. The major clauses arelisted below.
a)
b)

c)
d)
e)
f)
g)

To prevent this new kind of tobacco from re-establishing common tobacco use.
In accordance with Article 8 of the WHO FCTC, existing passive smoking
prevention laws shall be applied so that people will not be exposed to passive
smoking from this new kind of tobacco.
To prevent health harms from this new kind of tobacco.
Concurrent with Article 13 of the WHO FCTC, not to advertise, not to promotesales of and not to sponsor this new kind of tobacco.
In accordance with Article 9 and 10 of the WHO FCTC, to clarify and to regulate
the contents of this new kind of tobacco.
According to Article 5.3 of the WHO FCTC, to protect tobacco regulation policies
and activities from the interests of the tobacco industry.
To restrict or to prohibit the manufacture, import, promotion, presentation or useof this new kind of tobacco, thereby protecting people's health.

Even during this meeting, Japan Tobacco (JT) issued a one-page national newspaper
advertisement for plume tech on October 5. On October 10, British American Tobacco(BAT) issued a newspaper advertisement for glo, as well as multiple advertisements
via TV and internet media.
According to these companies, heated tobacco is less harmful than traditional
cigarettes and passive smoke does not exist. But these claims have not been
completely established.
Resolution of FCTC COP 8 shows that the claims of these tobacco companies are notfounded, and clearly points out that heated tobacco ought to be regulated in the same

way as traditional cigarettes. We also strongly emphasize this point.
For the Ministry of Health, Labor and Welfare, which is responsible for the health ofcitizens, we kindly ask for enforcement of strict laws, like monitoring of the tobacco
industry, to comply with the seven resolutions of COP 8.

Novel and emerging tobacco products
The Conference of the Parties (COP),
Recalling the WHO Framework Convention on Tobacco Control (WHO FCTC), and in particular its
Article 6 (Price and tax measures to reduce the demand for tobacco), Article 7 (Non-price measures
to reduce the demand for tobacco), Article 8 (Protection from exposure to tobacco smoke), Article 9(Regulation of the contents of tobacco products), Article 10 (Regulation of tobacco productdisclosures), Article 11 (Packaging and labelling of tobacco products) and Article 13 (Tobacco
advertising, promotion and sponsorship);Noting the report of WHO to the Sixth session of the COP (FCTC/COP/6/14) on the evolution of new
tobacco products, related marketing strategies and the conclusions and recommendations provided
in that report, including on their toxicity, addictive potential, perception and potential impact on
public health;
Recalling decision FCTC/COP7(14) to inter alia invite WHO to continue to monitor and examine
market developments and usage of novel and emerging tobacco products, such as “heat-not-burn”
tobacco products, and to report progress to future sessions of the COP;
Noting the report of WHO on technical matters related to Articles 9 and 10 of the WHO FCTC
which covers market developments of heated tobacco products (document FCTC/COP/8/8);
Noting that heated tobacco products are being marketed with claims of “reduced risk” “cleaner
alternatives to conventional cigarettes” and smoke-free alternatives to smoking conventional
cigarettes;
Recognizing heated tobacco products are tobacco products and are therefore subject to theprovisions of the WHO FCTC;
Recognizing that the properties of heated tobacco products may pose regulatory challenges
regarding their definition and classification, e.g. in relation to the emissions they produce, and thatthese may pose challenges for the comprehensive application of the WHO FCTC;
Recognizing that some Parties have adopted various regulatory strategies with respect to heated
tobacco products, in particular concerning their inclusion in smoke-free legislation;
Recognizing that the new generation of heated tobacco products have not been on the market for
long, which results in very few Parties having experience regulating them or having insufficientmeasures to regulate the devices used to heat the tobacco;
Noting that there is currently limited guidance to guide Parties on the classification and regulationof heated tobacco products,
1. THANKS WHO for its report to the COP on technical matters related to Articles 9 and 10 of theWHO FCTC, relevant publications cited therein and in particular the background document on themarket monitoring of heated tobacco products cited therein (document FCTC/COP/8/8);
2. REQUESTS the Convention Secretariat to invite WHO and, as appropriate, the WHO Tobacco
Laboratory Network (TobLabNet):(a) to prepare a comprehensive report, with scientists and experts independent from the tobacco
industry and national competent authorities, to be submitted at the Ninth session of the Conference

of the Parties, on research and evidence on novel and emerging tobacco products, in particularheated tobacco products, regarding their health impacts including on non-users, their addictive
potential, perception and use, attractiveness, potential role in initiating and quitting smoking,marketing including promotional strategies and impacts, claims of reduced harm, variability ofproducts, regulatory experience and monitoring of Parties, impact on tobacco control efforts andresearch gaps, and to subsequently propose potential policy options to achieve the objectives andmeasures outlined in paragraph 5 of this decision;(b) to examine the chemical and physical processes these products are undergoing during use,including the characterization of emissions;(c) to assess whether the available standard operating procedures for contents and emissions areapplicable or adaptable to heated tobacco products;(d) to advise, as appropriate, on suitable methods to measure the contents and emissions of theseproducts;
3. REQUESTS the Convention Secretariat:(a) to examine possible challenges these products are posing for the comprehensive application of
the WHO FCTC and in particular those articles and guidelines referring to definitions/terminology
and to tobacco smoke, while considering the need to adapt these guidelines;(b) to advise, as appropriate, on the adequate classification of novel and emerging tobacco products
such as heated tobacco products to support regulatory efforts and the need to define new productcategories;
4. INVITES Parties to take note of the report produced by WHO (document FCTC/COP/8/8);
5. REMINDS Parties about their commitments under the WHO FCTC when addressing thechallenges posed by novel and emerging tobacco products such as heated tobacco products
and devices designed for consuming such products, and consider prioritizing the following
measures in accordance with the WHO FCTC and national law:(a) to prevent the initiation of novel and emerging tobacco products;(b) to protect people from exposure to their emissions and to explicitly extend the scope ofsmoke-free legislation to these products in accordance with Article 8 of the WHO FCTC;(c) to prevent health claims from being made about novel and emerging tobacco products;(d) to apply measures regarding advertising, promotion and sponsorship of novel and emerging
tobacco products in accordance with Article 13 of the WHO FCTC;(e) to regulate the contents and the disclosure of the contents of novel and emerging tobacco
products in accordance with Articles 9 and 10 of the WHO FCTC;(f) to protect tobacco-control policies and activities from all commercial and other vested interests
related to novel and emerging tobacco products, including interests of the tobacco industry, inaccordance with Article 5.3 of the WHO FCTC;(g) to regulate, including restrict, or prohibit, as appropriate, the manufacture, importation,distribution, presentation, sale and use of novel and emerging tobacco products, as appropriate totheir national laws, taking into account a high level of protection for human health;(h) to apply, where appropriate, the above measures to the devices designed for consuming suchproducts;
6. INVITES Parties, the Convention Secretariat and WHO to comprehensively monitor market
developments and the use of novel and emerging tobacco products, including the relevant questions
in all appropriate surveys and reports such as the FCTC reporting instrument and to report on it inregular intervals.