Tobacco policy in Sweden and the EU

In Sweden, there are two laws that regulate tobacco and nicotine. The Tobacco Act, which covers cigarettes, brown snus, heat-not-burn and e-cigarettes, among other things, and the Tobacco-Free Nicotine Products Act, which covers white snus.

Tobacco Act

The first Swedish Tobacco Act (SFS 1993:581) came into force on 1 July 1993. Some 25 amendments to this law were made between 1995 and 2018, when it was repealed and replaced with: Act on Tobacco and Similar Products (2018:2088)

The new law contains provisions on tobacco, electronic cigarettes and refill containers (including nicotine-free liquids), herbal products for smoking and products that are similar in use to smoking but do not contain tobacco. The law does not cover smoking products that are classified as narcotics. Below is a brief summary of the law.

Definitions:
Electronic cigarette: a product that can be used for the consumption of nicotine vapor.
Refill container: contains liquid that contains nicotine and can be used to refill an electronic cigarette.
Herbal product for smoking: is based on plants, herbs or fruits that do not contain tobacco and can be consumed via combustion.

Additives in cigarettes and rolling tobacco
Prohibition on the addition of a characteristic aroma or taste other than tobacco. Characteristic flavor means a clearly noticeable aroma or taste other than tobacco.

Reporting requirements to the Public Health Agency for manufacturers and importers
Tobacco products and herbal products for smoking

• Obligation to provide information on ingredients and quantities of these ingredients.
• Investigate and provide information about the health effects of ingredients.
• Annual reporting of marketing costs, sponsorships and sales volumes.

Electronic cigarettes and refill containers

• Notify products intended to be made available to consumers on the Swedish market.
• Report any significant changes to the product.
• Annual reporting of sales broken down by brand and product type.
• Information about consumer groups and how sales are made.

Health warnings
Tobacco products and herbal products for smoking must be provided with texts and illustrations that provide information about the health risks associated with smoking and about quitting smoking.
Electronic cigarettes and refill containers must be provided with the following text centrally placed: “This product contains nicotine, which is a highly addictive substance.” The packages must also contain an information sheet about the risks and a list of ingredients.

 marketing
It is prohibited to market tobacco products to consumers. The ban does not apply (except for advertisements) in periodicals or printed publications, television and radio broadcasts.

Electronic cigarettes and refill containers may not be marketed through commercial communications in periodicals, information society services (at a distance; digitally or via service receivers) as well as in television and radio broadcasts.

At points of sale, non-intrusive commercial messages may be displayed, but preferably not visible from the outside.

Sponsorship that promotes tobacco products, electronic cigarettes, or refill containers is prohibited.

Illegal marketing can be reported to the Swedish Consumer Agency:

Sales of tobacco products
A permit is required to conduct retail or wholesale trade in tobacco products. A permit is not required if the registered office or permanent establishment of the business is not in Sweden. Cross-border distance sales of tobacco products (for those who do not have a permit) and electronic cigarettes and refill containers may not be conducted without first registering the sale with the Public Health Agency.

Minimum unit packaging for sale:
20 cigarettes, 30 grams of rolling tobacco and 20 sachets of snus.

Certificate
Tobacco products, electronic cigarettes and refill containers may not be sold to anyone under the age of 18. If it can be assumed that the product is intended for someone under the age of 18, it may not be released.

Smoke-free environments
Definition: Smoking refers to any burning or other heating of tobacco, electronic cigarettes, herbal products for smoking or products that are similar in use to smoking.

Smoking is prohibited in:

• premises for childcare and school activities as well as schoolyards and corresponding outdoor areas at preschools and after-school centers
• healthcare facilities
• common areas in residential buildings and service facilities
• public transport
• restaurants and other eating places
• indoor places for sports practice
• playgrounds
• entrances to which the public has access

Smoke-free work environment
The employer is responsible for ensuring that an employee is not involuntarily exposed to tobacco smoke.

Supervision
The Public Health Agency, the Municipality, the County Administrative Board, the Work Environment Authority, the Police and the Consumer Agency.

Tobacco in the Environmental Code

Since 2021, it has been punishable (800 SEK in fines) to throw away, for example, a cigarette butt or snuff stick, according to the Environmental Code amendment (2021:881) Criminal liability for minor littering offenses.
Rule changes decided on 30 September 2021 – Regeringen.se

Tobacco-free nicotine products law

Act (2022:1257) on tobacco-free nicotine products | Swedish Parliament (riksdagen.se) . Exempted are medicines or medical devices covered by the Medicines Act.

Product notification
Manufacturers and importers must report sales of the products to the Public Health Agency before they are released on the market.

Labeling and packaging
A list of ingredients and a health warning must be included on the packaging.
The packaging must not resemble a food or cosmetic product.

marketing

• Moderation should be observed in marketing, which must not be intrusive or encourage use.
• May not be directed at children and young people under the age of 25.
• Commercial advertising on television and radio broadcasts is prohibited.
• Sponsorship of events and activities to which the public has access is not permitted.

Illegal marketing can be reported to the Swedish Consumer Agency:

Age requirements
May not be sold to anyone under the age of 18. If it can be assumed that the product is intended for someone under the age of 18, it may not be released.

Supervision
The Public Health Agency, the Municipality, the County Administrative Board, the Police and the Swedish Consumer Agency.

Reporting obligation
Sales volumes, and data on the preferences of different consumer groups, including children or young people under the age of 25.

Demands for measures against tobacco use were already being put forward in the public debate at the beginning of the 1900th century. It was the new, factory-made cigarettes that caused young people and women to start smoking. Members of Parliament, among other things, proposed an age limit for purchasing tobacco. The debate led to an inquiry that in 1918 recommended a broad information campaign.

In 1922, Prime Minister Hjalmar Branting emphasized the important role of the Enlightenment in promoting healthier lifestyles. He was an outspoken opponent of statutory prohibitions.

The modern effort to reduce tobacco use began in the 1960s . At that time, Branting's optimistic view of the possibilities of achieving results through information about the harmful effects of tobacco still remained. If people were only informed about the health risks, they would stop smoking, it was believed.

We now know that factual information about health risks is not enough to discourage smoking. A range of measures are required, including an active pricing policy, a ban on commercial tobacco advertising, measures for smoke-free environments and treatment for those who want to quit smoking.

The first notable research results on the harms of tobacco came in the 1950s and gave new fuel to the debate about tobacco. At the end of the decade, the Medical Research Council investigated the harmful effects of tobacco on behalf of the government. The investigation work resulted in the conclusion that vigorous efforts must be made to obtain clarity. Research increased and, among other things, the Swedish Tobacco Monopoly appointed a medical expert council.

The monopoly also began providing annual support for tobacco research and in 1960 published an information brochure pointing out that carcinogenic substances had been identified in tobacco smoke.

The reason why the Tobacco Monopoly both supported research and conducted information was that it was generally perceived as a state agency. It was natural that it should be responsible for information and was entrusted with research into the harmful effects of tobacco. It had been formed in 1914 during the time when tobacco use was beginning to be considered a social danger and ceased in the 1960s.

In 1963, an expert group was appointed within the Swedish Medical Board (the predecessor of the Swedish Board of Health and Welfare) with the task of shedding light on the connection between tobacco smoking and ill health.

Starting in 1964 , an annual budget of initially half a million kronor was made available for information about the harmful effects of tobacco.

During the 1960s, information efforts focused primarily on discouraging smoking among children and young people. It was not until the 1970s that information began to be seriously directed at the smoking habits of adults.

In the late 1960s, there were demands for more comprehensive measures against smoking. The question of, for example, a ban on tobacco advertising was raised in the Nordic Council. In Sweden, the National Board of Social Affairs and the National Board of Education jointly criticized tobacco advertising. This led to the tobacco industry tightening its ethical rules for the design of tobacco advertising.

After 1970 this has happened:

1973 The National Board of Health and Welfare's tobacco investigation calls for, among other things, warning texts and a ban on tobacco advertising.

1977 Mandatory warning texts and content declarations are introduced on tobacco packaging.

1979 Law regulating the marketing of tobacco and alcohol.

1981 The Tobacco Committee calls for increased information and new laws.

1983 The Swedish Occupational Safety and Health Administration and the Swedish National Board of Social Affairs publish a document on restricting tobacco smoking in public premises.

1984 The Cancer Committee calls for action against tobacco, strengthened product control and information.

1989 The Public Health Group demands enhanced information, an advertising ban, an active pricing policy, an age limit, product control and a law on smoke-free environments.

1990 The Tobacco Inquiry calls for, among other things, tobacco laws, smoke-free environments, advertising bans, increased prices and enhanced information.

1991 The Swedish Medical Association's tobacco policy program with demands for a smoke-free work environment, product control, active pricing policy and ethical guidelines for tobacco marketing is launched.

1992 The Public Health Group's publication on smoking among children and young people and the importance of advertising on tobacco consumption is published.

1993 Tobacco Act from July 1.

1994 The Tobacco Act is tightened and becomes clearer.

1995 A ministerial memorandum on the age limit for tobacco purchases.
A possible ban on indirect tobacco advertising is being investigated.

1996 The Riksdag decides that an age limit for purchasing tobacco should be introduced.

1997 An 18-year age limit applies to the purchase of tobacco from January 1.

2002 The Tobacco Act is tightened so that all establishments from 1 January 2003, not just those with 50 seats or more, must have one or more areas where smoking is prohibited. From 30 September 2002, tobacco packaging must have more space for warning texts and also warning pictures, as well as a declaration of contents and information about the place and time of manufacture of the tobacco. Sellers of tobacco must report sales to the municipality where the business is carried out before 1 January 2002. From 30 September, words such as light, mild and other things that give the impression that a certain tobacco product is less dangerous than others are prohibited. Manufacturers and importers must provide the National Institute of Public Health with information about ingredients, their quantity and their harmfulness to health, also from 30 September. In November, the government decided to ban indirect tobacco advertising from 1 January 2003.

2004 The Riksdag decides in May that smoking will be banned in all establishments from 1 June 2005 , with the exception of outdoor dining areas. It is possible to set up special smoking rooms where neither food nor drink may be served nor brought in. The smoking room may only occupy a small part of the establishment and must be located so that visitors do not have to pass through it. Employees should only need to be in the smoking room temporarily when smoking is taking place.

2005 A tightening of the Tobacco Act from 1 July brings it more in line with the WHO's global convention on tobacco control, which Sweden ratified on 7 July. The amendment to the law entails stricter rules for tobacco marketing and better control of minors buying tobacco products. Outdoor advertising at points of sale is prohibited, as is sponsorship of events and activities to which the public has access, or which have a cross-border effect through, for example, television, if this could lead to the promotion of tobacco sales. Tobacco sales must be carried out in such a way that it is possible to verify the age of the buyer.

2010 Tightening of the obligation to report tobacco sales to the municipality where the sale is to take place even before the business has started. The entrepreneur must also be responsible for ensuring that there is a developed program for self-control within the business, which must be attached to the notification, and for providing his staff with the information and support needed to be able to comply with the Tobacco Act and related regulations. In the event of serious or repeated violations of the provisions, a municipality may prohibit a trader from selling tobacco for a maximum of six months, or issue a warning in milder cases. From 2010, it will also apply that the police will exercise supervision alongside the municipalities and that the municipalities have the opportunity to cooperate with each other in supervision work.

In 2012, the Ministry of Health and Welfare issued an ordinance on the coordination of the work of the county administrative boards in the area of ​​alcohol, drugs, doping and tobacco, ANDT. Each county administrative board shall have a coordination function for ANDT issues. This shall support the work of implementing the national policy in the area and develop long-term knowledge-oriented regional and local work. The county administrative boards shall, as far as possible, coordinate the preventive work with the supervision that they shall also exercise. They shall report annually on the work of the coordination unit to the National Institute of Public Health.

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