Appendix One: Comparison of international regulatory frameworks Country Legal framework Market authorisation to under 18s Smokefree Advertising, promotion, Product safety display United Provides a regulatory Regulations require a Sales prohibited to There is no prohibition Regulations include a TPD outlines that novel Kingdom: framework for six-month notification of people under 18. on novel and requirement for health tobacco products are implementing and smokeless intention to market a smokeless tobacco warnings on smokeless and subject to the safety the EU Tobacco tobacco products to novel tobacco product. product use in tobacco products. requirements for Product be lawfully marketed. legislated smokefree smokeless or smoking Notification requirements Directive (TPD) areas in the UK. tobacco products, include the provision of depending on which toxicological and product definition they behavioural information. fall under. No approval is required provided notification requirements are met. Canada Lawful. The Tobacco No notification or prohibited to Differs across Imposes tobacco No specific product Act 1997 applies to marketing authorisation people under 18. provinces. prohibitions, safety requirements for all tobacco products requirements. including on advertising that novel tobacco products Provincial legislation (including heated appeals to young people, generic consumer – regulates smoke-free tobacco product), advertising, products legislation is ‘lifestyle’ spaces. and regulatory sponsorship, give-aways. relied upon. controls apply. Restricts sales promotions to R18 settings. Advertising and point-of-sale promotion must be consistent with regulations.
Appendix One: Comparison of international regulatory frameworks Country Legal framework Market authorisation to under 18s Smokefree Advertising, promotion, display Product safety United Kingdom: implementing the EU Tobacco Product Directive (TPD) Provides a regulatory framework for and smokeless tobacco products to be lawfully marketed. Regulations require a six-month notification of intention to market a novel tobacco product. Notification requirements include the provision of toxicological and behavioural information. No approval is required provided notification requirements are met. Sales prohibited to people under 18. There is no prohibition on novel and smokeless tobacco product use in legislated smokefree areas in the UK. Regulations include a requirement for health warnings on smokeless and tobacco products. TPD outlines that novel tobacco products are subject to the safety requirements for smokeless or smoking tobacco products, depending on which product definition they fall under. Canada Lawful. The Tobacco Act 1997 applies to all tobacco products (including heated tobacco product), and regulatory controls apply. No notification or marketing authorisation requirements. prohibited to people under 18. Differs across provinces. Provincial legislation regulates smoke-free spaces. Imposes tobacco prohibitions, including on advertising that appeals to young people, ‘lifestyle’ advertising, sponsorship, give-aways. Restricts sales promotions to R18 settings. Advertising and point-of-sale promotion must be consistent with regulations. No specific product safety requirements for novel tobacco products – generic consumer products legislation is relied upon.
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