Supervision of products that are subject to the Tobacco Act
Valvira supervises the regulatory compliance of tobacco products, electronic cigarettes, refill containers, nicotine liquids, nicotine-free liquids for vaporisation and herbal products for smoking, regarding their ingredients, emissions, fire safety and technical characteristics. Market supervision also includes the monitoring of the retail packages of said products.
The requirements that apply the product groups or classes mentioned above may not be the same. For instance, only cigarettes are monitored for fire safety, whereas ingredients are monitored for all tobacco products, liquids used in electronic cigarettes as well as herbal products for smoking.
The manufacturer and importer are responsible for ensuring that tobacco products intended for commercial sale or other supply complies with the applicable regulations. Manufacturers and importers are required to submit notifications and reports to Valvira regarding product ingredients, emissions, other properties, as well as sales volumes, among other things.
Valvira is a market surveillance authority with access to the tools provided in the Act on the Market Surveillance of Certain Products, The Act lays down general provisions on the surveillance and measures available to the market surveillance authorities and enforcement measures in different non-compliance situations involving products available on the market. On the other hand, the Tobacco Act sets forth the product requirements that are monitored in accordance with market surveillance regulations.
Valvira may, for instance, prohibit an operator from bringing to market, making available or otherwise distributing a product that does not meet the requirements. An additional requirement in such a case is a material non-compliance in the product or that it may, in ordinary and predictable conditions, cause a hazard to human health, safety, the environment, property or other public benefit set forth in the Act. It is also possible to issue a measure order.
Additionally, Valvira may prohibit a tobacco product, electronic cigarette, nicotine-containing liquid, nicotine-free liquid or a herbal product for smoking from being sold or otherwise distributed, if the required notifications have not been submitted with the required information.
Valvira may enhance administrative enforcement measures with a conditional fine. Additionally, Valvira may enforce the removal of an unlawful product from the market.