Defra tobacco labelling meeting with Tobacco Manufacturers' Association (TMA)
Published 9 December 2021
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/defra-engagement-with-the-tobacco-industry-on-the-northern-ireland-protocol/defra-tobacco-labelling-meeting-with-tobacco-manufacturers-association-tma
This meeting was held on 1 November 2021.
1. Attendees
Who attended the meeting.
1.1 Officials
- Lottie Free, Department for Environment, Food and Rural Affairs (Defra)
- Mark Wilkes, Defra
- Imogen Butler, Defra
- Philip McMurray, Defra
- Shona Ritchie, Defra
- Zeenat Mughal, Department of Health and Social Care (DHSC)
1.2 Tobacco industry
- Rupert Lewis (Tobacco Manufacturers’ Association)
- Jamie Sanders (Japan Tobacco International)
- Stephen Little (British American Tobacco)
- Victoria Hancock (Imperial Tobacco)
2. Context
Certain articles of the Single Use Plastic Directive (the Directive) were added to Annex II of the Northern Ireland Protocol in December 2020. Article 7 of the Directive requires tobacco manufacturers to include a marking on the packaging of tobacco products containing plastic to indicate this to consumers.
The Tobacco Manufacturers’ Association (TMA) have expressed their concern that they will not be able to comply with the Article 7 requirements due to the existing Standardised Packaging of Tobacco Products Regulations 2015. Therefore, officials met with industry representatives to discuss this issue.
3. Introduction
Rupert Lewis (RL) sympathised with the challenges the government faced with the Northern Ireland Protocol and noted that the issue of where to put the marking has been central to the TMA’s members since at least spring 2021.
Lottie Free (LF) thanked RL and others for their patience and emphasised that the government is aware of this issue and working to resolve it.
4. Discussion of solution
LF asked whether the marking could be accommodated if rotated 90° and put on the side of the packet (as indicated by the Implementing Regulation as an alternative to the marking being placed on the back of packs). Several points were then raised.
4.1 Moving the fiscal mark
Jamie Sanders (JS) asked whether conversations had been held with HMRC about moving the fiscal mark. LF confirmed that HMRC would not agree to this option.
4.2 Position of barcode
JS said placing the marking on the side of the packet left limited space to put the barcode. JS also noted they would need to inform retailers that the barcode had moved. Stephen Little (SL) said that there would be no space on his company’s packets to include the barcode if it was not on the side of packets. LF acknowledged that different companies would have slightly different packaging and requested all parties explored whether placing the marking on the side of the packet was possible and send Defra mock-ups, for example.
4.3 Stickers
LF flagged that the implementing regulation allows for the marking to be attached as stickers until July 2022 and asked if this would help in the interim. JS explained stickers would not work well as a temporary solution, as the regulation required the sticker to go under the wrapping. Industry would have to unwrap all packets to place the sticker or put on a second wrapping. JS said that neither are practical options. SL agreed that stickers would prove burdensome.
4.4 Placed on the market
SL asked whether discussions about the definition of ‘placed on the market’ had taken place. Philip McMurray (PM) said that if a purchase or transaction to purchase have taken place, the product is considered to have been placed on the market.
4.5 Hand-rolling tobacco
JS said that his company sold packets of hand-rolling tobacco that contained filters inside. These would also require the mark, which leads to a similar issue. JS said that the implementing regulation did not appear to take into account the requirements for this type of product. JS suggested the marking could go under the pouch. Following a question from LF, JS said the only EU Member State his company sold these products in did not have plain packaging requirements, so the issue did not arise.
4.6 Timings
LF noted the challenge in meeting the 1 January 2022 deadline for these changes to be implemented.
5. Closing remarks
On behalf of the members of the Tobacco Manufacturers’ Association, RL noted the short timeline to 1 January 2022 and thanked officials for this conversation. RL will consult with members and provide additional information requested. LF thanked all for attending and said any information would be helpful.