LANGUAGE
Last updated: September 17th 2019

Regulated Contents in Cigarettes

Regulatory Authority

Are contents and/or ingredients of cigarettes regulated?

No
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Regulatory Authority:

Food and Drugs Supervisory Agency

Analysis

Article 116 of Law No. 36 of 2009 authorizes the regulation of addictive substances in tobacco products. Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Not Regulated" is given.

Are cigarette emissions regulated?

No
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Regulatory Authority:

Food and Drug Agency

Analysis

Article 116 of Law No. 36 of 2009 authorizes the regulation of addictive substances in tobacco products, which would allow the regulation of nicotine emissions. However, the law does not regulate the levels of nicotine emissions or other emissions, such as tar and carbon monoxide.

Status of Regulated Ingredients in Cigarettes

Sugars and sweeteners

Allowed

Examples of sugars and sweeteners include: glucose, molasses, honey and sorbitol.

Analysis

Article 12(1) of Regulations No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives such as sugars and sweeteners are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as sugars and sweeteners in cigarettes.

Menthol, mint or spearmint (including analogues and derivatives)

Allowed
Analysis

Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives such as menthol, mint, and spearmint are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as menthol, mint, or spearmint in cigarettes.

Spices and herbs (excluding mint)

Allowed

Examples include: cinnamon and ginger.

Analysis

Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives such as spices and herbs (excluding mint) are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as spices and herbs (excluding mint) in cigarettes.

Other flavorings (not covered above)

Allowed

Includes fruit flavorings. Examples of flavoring substances include benzaldehyde, maltol and vanillin.

Analysis

Regulation No. 109 of 2012, Article 12(1), prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives such as other flavorings (not covered above) are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as other flavorings (not covered above) in cigarettes.

Ingredients that facilitate nicotine uptake

Allowed

Examples include: ammonia.

Analysis

Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives that facilitate nicotine uptake are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To further FCTC Arts. 5.2 and 9, the law should regulate ingredients that facilitate nicotine uptake, such as ammonia.

Ingredients which may create an impression of health benefits

Allowed

Examples include: vitamins, such as vitamin C and vitamin E, fruit and vegetables (and products resulting from their processing such as fruit juices), amino acids, such as cysteine and tryptophan, and essential fatty acids such as omega-3 and omega-6.

Analysis

Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives that may create an impression of health benefits are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit the use of ingredients in cigarettes that may create an impression of health benefits.

Ingredients associated with energy and vitality

Allowed

Examples include: caffeine, guarana, taurine and glucuronolactone.

Analysis

Article 12(1) of Regulation No. 109 of 2012 prohibits the use of additives in tobacco products "unless it has been scientifically proven that such additives are not harmful to health." Article 12(2) further provides that "[a]dditives which can be used in the production of tobacco products as referred to in clause (1) shall be stipulated by Ministerial Regulation." To date, no Ministerial Regulation has been issued permitting any "additive." These provisions on their face ban all "additives" in tobacco products. However, because the term "additive" is not defined, the scope of this ban is unclear. In practice, additives associated with energy and vitality are allowed. Given the lack of clarity in the scope of the ban and the current practice, the regulatory status code "Allowed" is given.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit the use of ingredients in cigarettes that are associated with energy and vitality.