The Austrian National Council has unanimously approved an amendment to the Tobacco and Non-Smoker Protection Act, banning flavored heated tobacco products. This legislative shift implements a revised European Union directive, targeting flavored tobacco sticks while leaving liquid-based e-cigarettes unregulated under the new ban.
Under the updated law, products already manufactured or placed on the market may still be sold during a transition period lasting until May 31, 2026. Beyond this date, the sale of flavored tobacco sticks will be entirely prohibited, and health warning labels will become mandatory for all heated tobacco products classified as “smoking tobacco.”
Distinguishing Heated Tobacco from Vaping Devices
The new law highlights the regulatory distinction between heated tobacco products and vaping systems. Heated tobacco products contain actual tobacco leaves that are heated to release an aerosol. Because they utilize real tobacco, they are classified as “smoking tobacco products” and face the same flavor restrictions as traditional cigarettes.
In contrast, e-cigarettes and closed pod systems vaporize e-liquids without burning or heating tobacco leaves. Because they do not contain tobacco, they fall under a different regulatory category and remain exempt from this specific flavor ban.
Political Debate and Future Tobacco Policies
The amendment received broad support from Austria’s major political parties, including the ruling Austrian People’s Party (ÖVP), the Social Democratic Party (SPÖ), and the New Nicotine Party (NEOS). However, opposition parties argued the measures did not go far enough.
The Green Party and the Freedom Party (FPÖ) advocated for extending the ban to other nicotine products. The Greens introduced motions to ban disposable vapes and prohibit smoking on children’s playgrounds, though these proposals failed to secure a majority.
State Secretary for Health Ulrike Königsberger-Ludwig indicated that the government would explore additional tobacco control measures later in the year, stating that the implementation of the EU directive was mandatory, and “a final decision [on further measures] will be announced in the fall.”
