EN Official Journal of the European Union CE 88/579

(2004/C 88 E/0592)

WRITTEN QUESTION E-3207/02

by Kathleen Van Brempt (PSE) to the Commission

(12 November 2002)

Subject: Nicotine sweets

A number of tobacco manufacturers, including British American Tobacco, have announced that they will shortly be marketing a peppermint containing as much nicotine as a cigarette. The manufacturers have developed the cigalett as a way of providing smokers, who face a growing number of smoking bans, with nicotine that they can use at any time and in any place.

What is the Commission's reaction to this new product?

Will the Commission ban the cigalett?

If not, will Commission warn the public about the addictive effects of this sweet?

What is the position with regard to the labelling of the cigalett?

Supplementary answer given by Mr Byrne on behalf of the Commission

(10 March 2003)

The Commission is very concerned about all types of new products whose purpose could be to lead consumers into nicotine addiction. As far as the product, namely ‘cigalett’, referred to by the Honourable Member is concerned, although the Commission does not have definite evidence on the exact composition of this product, the information available appears to indicate that this product contains tobacco. This would mean that it falls in the category of tobacco products as defined in Directive 2001/37/EC of the Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (1) (hereafter, ‘the Directive’) and would not fall under food legislation.

According to the Directive, ‘tobacco products’ means ‘products for the purpose of smoking, sniffing, sucking or chewing, inasmuch as they are, even partly, made of tobacco, whether genetically modified or not’. The same Directive defines ‘tobacco for oral use’ as ‘all products for oral use, except those intended to be smoked or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets, or in a form resembling a food product.’ The product in question appears to fall into this category, because according to the information available to the Commission, it is made of compressed, powdered tobacco designed to dissolve in the mouth. The Directive requires that Member States shall prohibit the placing on the market of tobacco for oral use; however, Sweden has been granted a derogation from this prohibition.

If the product is confirmed to contain tobacco, and if it is intended to be dissolved in the mouth rather than to be chewed, its placing on the market is prohibited in all Member States but Sweden.

As far as labelling is concerned, according to Article 4 of the Directive, tobacco products for oral use — where their marketing is permitted — have to carry the following health warning: This tobacco product can damage your health and is addictive'.

The Honourable Member can be assured that the Commission will follow developments in this area with great attention, and take any action within its powers that is required from a public health point of view.

(1) OJ L 194, 18.7.2001.