JTI has responded to the European Commission’s Call for Evidence on the Tobacco Products Directive (TPD) and Tobacco Advertising Directive (TAD), arguing that the starting point for any review should be the performance of the existing framework – the current EU rules already provide a comprehensive and harmonized system for tobacco products. Against this backdrop, any case for additional regulation should be supported by a clear demonstration of need. The review is also to assess whether the current rules have been effectively applied and whether any new measures would be feasible in practice.

The submission also highlights the importance of ensuring that future regulation of nicotine-containing products is evidence-based and proportionate. Different product categories should be assessed on their own characteristics and real-world use, rather than through broad assumptions. Questions around consumer behavior, market realities, legal certainty and enforceability should all form part of the policy discussion.

Another consideration is how regulation affects adult consumers in practice. The submission argues that legal age consumers should retain access to regulated products and factual information, while regulatory measures must be designed to achieve policy objectives without distorting the market or driving consumers towards illicit channels.

As the review process moves forward, the Commission’s Impact Assessment will be critical. The key question is not simply which policy options are available, but whether they are supported by robust evidence and can be expected to deliver better outcomes than the existing framework.

This is particularly important given the scale of engagement in the Call for Evidence, which attracted more than 80,000 responses from a wide range of stakeholders, including nearly 2000 companies, 350 trade associations and 60 trade unions.

The Commission should take full account of this evidence before advancing any proposal, including its potential effects on SMEs, retailers, growers, jobs, enforcement, illicit trade and the internal market. Only then can policymakers determine whether further action is necessary, proportionate and evidence-based.