Social Affairs Committee: No to taste ban for e-cigarettes

The Social Affairs Committee does not want to ban flavorings in e-cigarettes. Instead, it wants to make it a criminal offense to sell nicotine products to minors. This is clear after the Social Affairs Committee submitted its report on the government's proposal "Tighter rules for new nicotine products"
"This is a very pleasing announcement. But I will not rest until the votes in Parliament are counted," says Karl-Åke Johansson, chairman of NNA Sweden.

No to taste bans for e-cigarettes and e-liquid. But yes to new rules on nicotine pouches and criminal liability for selling nicotine products to minors. This is the message from the Social Affairs Committee ahead of the vote on the bill "Tighter rules for new nicotine products"

"It looks bright for us vejpare; if the politicians in Parliament listen to their representatives, we get to keep our flavors. At the same time, I'm not completely calm until the vote in the Riksdag is complete," says Karl Åke Johansson, chairman of the organization NNA Sweden - an association that organizes users of e-cigarettes, snus and nicotine pouches in Sweden.

Nicotine pouches and taste bans

Health policy makers in the Social Affairs Committee have discussed the government proposal "Tighter rules for new nicotine products" for most of May and June. The discussions have mainly focused on a new regulatory framework for nicotine pouches but also the flavors in e-cigarettes. For e-cigarettes, the government has proposed a comprehensive flavor ban, which would have major consequences for both users and companies in Sweden.

"Flavors are key for those of us who use e-cigs to stay away from smoking" says Karl-Åke Johansson. "And allowing, as the government proposes, only tobacco flavors is the same as forcing sober alcoholics to drink water that tastes like vodka"

No to taste bans

However, the outcome was not quite what the government had hoped for. Although large parts of the bill were given the green light by the Social Affairs Committee (i.e. the rules on nicotine pouches), they wanted to delete the section stating that e-cigarettes and e-liquids should only be allowed to "smell and taste of tobacco".

"We want a harm reduction perspective in tobacco policy. Restricting flavorings in an alternative product, which can reduce the number of smokers, is not in line with this" says Johan Hultberg (m) to Vejpkollen in the context of the committee's report.

Law against drug dealing instead

The reason for a flavor ban would be to prevent minors from trying e-cigarettes. At the same time, the government notes different flavors attracts adult smokers to switch from cigarettes to e-cigarettes. This is something that a majority of the Social Affairs Committee sees as positive. Instead of a sweeping ban, the Social Affairs Committee therefore wants to investigate other possibilities to reduce use among young people.

"The government should review the issue of making it a criminal offense for private individuals to transfer or sell tobacco and nicotine products to persons under the age of 18," writes the Social Affairs Committee in its report.

"Can curb the black market"

At present, only shops and employed salespeople risk penalties for selling to minors. At the same time, nearly 35% of the country's upper secondary school students ever tried an e-cigarette. Karl-Åke Johansson and NNA Sweden believe that stricter legislation with a clear penalty scale is a more effective way than a taste ban to tackle this particular problem.

"We think it is very good. An anti-dealing law for private individuals is one way to curb, for example, the huge black market of illegally imported disposable e-cigarettes that has blossomed in recent years. These sales are aimed exclusively at young people and minors. A flavor ban will of course not affect those who already sell black market products, but making it a criminal offence could certainly do so", says Karl-Åke Johansson.

"Good to regulate nicotine pouches"

He also welcomes the comprehensive regulatory framework for nicotine pouches, which have become a popular option for smokers trying to quit.

"Nicotine pouches will now be put on an equal footing with other nicotine products and will be subject to the same 18-year age limit and product controls. We think this is positive. We are also pleased that those who use nicotine pouches as a tool to get away from cigarettes will continue to be able to do so in the future, in the same way as today."

Lack of licenses for e-cigarettes

At the same time, Karl-Åke Johansson lacks, what he calls, in-depth measures to control the market for e-cigarettes in Sweden. Several respondents, including NNA Sweden, called for some form of licensing to sell e-cigarettes and e-liquid. 

"It would open the door for a more serious discussion about vejpning and smoking cessation in Sweden. Vejpshopparna and its staff have enormous knowledge about how a smoker can switch from smoking to vejpning. With a license at the bottom, their business would gain more legitimacy and at the same time reduce the number of rogue actors on the market" says Karl Åke Johansson.

The taste ban is voted down

As the seats in the Social Affairs Committee are distributed in the same way as in the Riksdag, the Riksdag will probably vote in accordance with the committee's report. The Social Democrats, the Green Party and the Left Party have entered reservations against parts of the report, including the taste ban, but this is not enough to get a majority in the Riksdag. 

"It's unlikely that it will be different from what the Social Affairs Committee wants, but I'm naturally worried anyway. So until the votes in the Riksdag are counted, I'm not completely calm," says Karl Åke Johansson to Vejpkollen.

On June 21, Parliament will debate and decide on the bill "Tighter rules for new nicotine products".

Sources:
Tougher rules for new nicotine products - Social Affairs Committee report 2021/22:SoU31