Philip Morris has undertaken a “virtuous” transformation to turn its back on cigarettes and has spent $12.5bn on research and development for this “soft ending” to cigarettes. Already in 2023, non-smoking tobacco products accounted for more than 36% of the revenues of the global giant, which also has a 72.8% share of the US market for nicotine sachets. On 16 January, as if in victory, the US Food and Drug Administration authorised the marketing of 20 products from its Zyn range, with doses of between 3 and 6 milligrams of nicotine per sachet.

But with this dosage, Philip Morris sachets would be de facto excluded from the Luxembourg market, according to the limit set in the bill currently making its way through the Chamber of Deputies.

Let’s go back in time: in October 2023, before leaving her ministry, then-health minister  (LSAP) tabled a bill on new tobacco products, which was amended in May 2024 by her successor, (CSV). Among the amendments was a proposal to regulate nicotine sachets, with the maximum nicotine concentration set at 0.048mg, as in Germany. And the German figure did not come out of the blue: it is based on the recommendations of the European Food Safety Agency, which sets the maximum level of nicotine that can be ingested per day at 0.0008mg/kg of body mass, or 0.048mg for a person weighing 60kg.

A “hypocritical” approach

The figure had met with the assent of MPs in committee before some, such as former health minister and MP (LSAP), revised their copy and questioned it. “The speaker considers the approach adopted by the government to be hypocritical insofar as limiting the nicotine content to 0.048 milligrams per nicotine sachet amounts to a de facto ban. Given that the sale of nicotine sachets is banned in Belgium and that France also intends to go down this route, the speaker believes that the government intends to create a new tax niche in order to be able to levy excise duties at the expense of our neighbouring countries. He pointed out that the ministry of finance had introduced excise duty on nicotine sachets even before the ministry of health and social security had submitted the government’s amendments to regulate these products,” the minutes of the meeting state.

Or like (ADR), who proposed raising the rate to 20mg as in other countries, the equivalent of a cigarette without the harmful products and negative effects of smoke.

“We are in favour of thoughtful and inclusive regulation,” defended Philip Morris senior communications manager Ellen Bodens, who pointed out that there are few alternatives to smoking for those who want to give up. They may feel excluded because they cannot smoke in public places (and in some countries, even outside), and this does not help them to change their behaviour.

Black market stands to gain

“Without an inclusive approach, everyone will lose,” says the lobbyist, who is targeting 16.6mg. “Consumers will miss out on an opportunity to reduce the impact of tobacco on their health. And since the need is there, demand will shift to the black market, with all that that means.”  is much more nuanced than that on the health risks.

On the financial side, (déi Greng), Gérard Schockmel (DP) and Di Bartolomeo had previously insisted to the health committee of the Chamber of Deputies that the rate of excise duty should be dissuasive. In response, the health and social security minister Deprez pointed out that the specific rate of excise duty on nicotine sachets is €22 per 1,000 grams and that the VAT rate is 17%. This is 30% more than the excise duty on heating tobacco.

“The Council of Government quickly agreed to go down the regulatory route rather than ban nicotine sachets, given that these products are sold over the counter in neighbouring regions and are therefore accessible to Luxembourg consumers,” the minister’s representative said in response to MPs, going on to point out that there are plans to ban the sale of nicotine sachets and their distribution free of charge to minors under the age of 18, as well as the consumption of nicotine sachets in educational establishments, in premises intended to receive or accommodate minors under the age of 16, and in playgrounds and sports areas where minors under the age of 16 are exercising a sporting activity.

This position has remained unchanged since the end of November, when the Council of State issued its second opinion.

No tastes like those favoured by young Americans

Philip Morris, which “positions itself as a leader in the fight against smoking”--according to its three-page argument--is proposing to raise the reasonable nicotine ceiling to 16.6mg per sachet, to ban sachets with a taste reminiscent of sweets, desserts or sugary drinks (in order to reduce their appeal to young people), to increase the costs associated with notification to support regulatory controls at points of sale, including mystery visits, and to introduce child-resistant packaging to prevent accidental access.

In the same way that they were welcomed by a representative of the health minister, as part of a delegation of three industrialists, the Philip Morris representatives were also received by the health committee, an exchange deemed more constructive. But it’s at the end of the dance that you pay the piper, and this end is approaching without the government having given in, whilst tobacco firm Heintz van Landewyck is already marketing its products, taking advantage of the fact that its products do not fall within the scope of the legislation currently in force.

This article was originally published in .