The Portuguese Parliament has delayed the practical implementation of an EU-wide ban on flavored heated tobacco, pushing enforcement into 2024. Although European Commission Delegated Directive (EU) 2022/2100 established October 23, 2023, as the official start date for banning distinct flavors like menthol, the necessary domestic legislation has not completed its final vote in the Assembly of the Republic.
The proposed bill, approved by the Council of Ministers in May, passed its initial general vote on September 29. The measure relies on the updating of the 2007 Tobacco Law to equate heated tobacco products directly with conventional cigarettes.
In official statements regarding the legislation, the Ministry of Health clarified the scope of the rule: “The new rules will take effect on the 23rd of October, 2023 for any distinctive flavor, including menthol flavor, throughout the European Union.” However, because parliamentary procedures remain unfinished, immediate domestic enforcement on that date is unfeasible.
Beyond flavor bans, the legislation introduces location-based sales restrictions. The updated framework prohibits cigarette and heated tobacco sales in venues where smoking is banned, including gas stations, restaurants, and cafes. Convenience grocery stores are granted an explicit exemption to continue sales.
To prevent commercial disruption, the draft includes a transitional provision allowing distributors to sell off existing stock of flavored heated tobacco placed on the market prior to the law’s effective date. Additionally, heated tobacco packaging must soon feature graphic health warnings combining text and imagery, mirroring conventional cigarette packets.
