The proposed draft Act concerns the following products:

Tobacco products, tobacco substitutes, herbal products for smoking, electronic cigarettes and refill containerswith and without nicotine, and alcoholic beverages.

Draft Act amending the Act on Tobacco Products etc. and various other Acts (Part II implementing theprevention plan for children and adolescents – tobacco, nicotine and alcohol)

The draft Act contains the following main elements:

1) Prohibition of import, purchase, possession etc.
The draft Act prohibits the import, purchase, supply, receipt, manufacture, processing or possession of tobaccosurrogates which have an aroma other than menthol or tobacco or which have an excessive nicotine content.The rules on aromas and nicotine content requirements are introduced by this legislative proposal.
The prohibition does not cover travel luggage of up to 10 units and possession of up to 10 units for personalconsumption. Additionally, the prohibition does not apply to the import, purchase, supply, receipt, manufacture,processing or possession for the purpose of marketing in other countries or to consumers in countries otherthan Denmark. Likewise, the prohibition does not apply to import, purchase, supply, receipt, manufacture,processing or possession for scientific or control purposes. The provision reflects similar prohibitions forelectronic cigarettes containing nicotine, adopted in Danish law on 4 June 2024.
2) More powers for the Danish Safety Technology Authority
The draft Act provides a legal basis for the Danish Safety Technology Authority (which is the competent controlauthority in this area) in future to issue administrative fines and to order the confiscation of illegal tobacco andnicotine products out of court.
The Danish Safety Technology Authority is also authorised to order communication platforms to modify orremove content referring to products that do not comply with rules laid down in or pursuant to the Act ontobacco products, etc., the Act on electronic cigarettes, etc. or the Act prohibiting the sale of tobacco andalcohol to persons under the age of 18.
3) More powers for the Consumer Ombudsman
The draft Act provides a legal basis for the Consumer Ombudsman (which is the competent regulatoryauthority for the rules on the advertising of tobacco, nicotine and alcohol) to issue administrative penaltynotices for infringements of the rules on visible display and presentation laid down in the Act on electroniccigarettes, etc. and the Act on the prohibition of tobacco advertising, etc. and rules laid down in related orders.
Furthermore, the Consumer Ombudsman is authorised to use a covert identity in the context of supervisionunder Section 11 (2) of the Marketing Act, which concerns that commercial practices aimed at children andadolescents under the age of 18 may not contain any reference to, pictures or references to, inter alia, alcohol.
It should be noted that covert identity means that the Consumer Ombudsman does not come forward oridentify itself as a supervisory authority during supervision. The use of covert identity takes place under theresponsibility of the authority and must never incite unlawful acts.
4) Proxy sales ban
The draft Act clarifies the rules for the sale of tobacco and nicotine products and alcoholic beverages in orderto unambiguously prohibit proxy sales. A ban on proxy sales means that adult persons are not allowed to buythe products on behalf of others who are below age limits and receive payment for them.
It should be noted that there are currently age limits for the sale of tobacco and nicotine products and alcoholicbeverages.
5) Regulation of the sale of alcoholic beverages
The draft Act amends the rules for the sale of alcohol to 16-17 year-olds, so that from now on alcoholicproducts with an alcoholic strength of more than 6 may not be sold to 16-17 year-olds.
In addition, the draft Act imposes requirements on the location of alcoholic beverages in retail outlets, so thatthe products are not aimed at children and adolescents.
In addition, the draft Act prohibits the sale of alcoholic beverages to young people under the age of 18 between22.00 and 08.00 in the retail sector in night-life zones. Night-life zones are designated by the Danish police andmay be identified where there is a dense concentration of night clubs, bars, cafés or similar in the areaconcerned and where it is deemed appropriate to detect offences during the evening and night hours.
6) Regulation of tobacco surrogates
The draft Act provides for increased regulation of tobacco surrogates, such as nicotine bags. A ban isintroduced on the placing on the market of tobacco surrogates with a flavour and flavourings intended for usein flavoured tobacco surrogates, with the exception of a tobacco or menthol flavour. The provision reflectssimilar regulation for flavourings in electronic cigarettes. In addition, the legislative proposal regulates additivesin tobacco surrogates, where the requirements will be similar to those applicable to tobacco products today.
In addition, the Minister for the Interior and Health is authorised to lay down rules on the limit values ofmaximum nicotine content in tobacco surrogates.
It should be noted that the requirements will, as far as possible, be based on the existing market. The detailedrequirements shall be laid down in Orders.
7) Standardisation, etc.
The legislative proposal introduces standardisation requirements as well as product requirements for a numberof tobacco and nicotine products. Requirements are introduced to standardise the packaging of tobaccosurrogates and the packaging of technical equipment used with heated tobacco products.
In addition, the Danish Health Authority is authorised to lay down more detailed rules on ingredients/numbersin relation to unit packets of chewing tobacco and tobacco surrogates. Furthermore, the Danish HealthAuthority is empowered to lay down detailed rules on requirements for the appearance of cigarettes and roll-your-own tobacco and requirements for the appearance of tobacco surrogates, which will initially apply to theappearance of the nicotine bag itself.
It should be noted that the requirements will, as far as possible, build on the existing market and requirementsfor the standardisation of packaging. The detailed requirements shall be laid down in Orders.
8) Greater fines and the possibility of depriving the right to sell tobacco and nicotine products
The draft Act provides for an increase in the level of fines for illegal sales of tobacco, nicotine and alcohol. Thestarting point for the fines is DKK 50 000.
In addition, the draft Act extends the rules in relation to when the right to market tobacco and nicotine productscan be withdrawn. At present, the right to sell tobacco and nicotine products can only be withdrawn in theevent of sale to minors. In future, the draft Act will also allow the withdrawal in the event of sale of illegaltobacco and nicotine products. The withdrawal of the right of sale will take place in the event of a thirdinfringement and will initially apply for one year.
9) An increase in smoke- and vapour free environments
The draft Act harmonises the rules on smoking and the use of electronic cigarettes so that the requirements for smoking and the use of electronic cigarettes are treated as equivalent. The draft Act further clarifies that theuse of heated tobacco products is covered by the requirements for smoking.
In addition, the draft Act requires outdoor stadia to establish zones where smoking or the use of heatedtobacco products and electronic cigarettes is prohibited. In addition, the draft Act provides a legal basis formunicipalities that allow requirements for outdoor playgrounds where smoking or the use of heated tobaccoproducts and electronic cigarettes is prohibited.