Subject: Feedback on the draft Act amending the Tobacco Act and the State Fees Act – JDM/26-0826
From: "Beatriz Santos" <[email-masked]>
To: "Justiits- ja Digiministeerium" <[email-masked]>
Cc: Federico N. Fernández <[email-masked]>
Date: Fri, 24 Jul 2026 19:35:00 +0300

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Dear Estonian Ministry of Justice and the Ministry of Social Affairs,

My name is Beatriz Santos and I am writing to you as the Chief 
Communications Officer (CCO) of the We Are Innovation global network. Our 
network has taken over extensive research on Innovative Nicotine Products 
(INPs) in the recent years and we would like to provide some feedbackP on 
Estonia’s Draft Amendments to the Tobacco Act.

We consider that the proposals included in this draft do not pose as 
effective measures to help citizens quit smoking and pave the way towards a 
smoke-free status.

Examples coming from fellow European nations show that innovation-oriented 
regulatory approaches tend to be more successful that prohibitionism when 
the issue is nicotine.

*	Sweden has become Europe's first smoke-free nation, with smoking rates 
falling to just 5.4% amongst the general population and only 4.5% amongst 
Swedish-borns. This was achieved through the so-called "Triple A approach", 
which focuses on granting smokers the accessibility, acceptability and 
affordability of INPs. The health benefits are observable: Sweden reports 
21.2% fewer smoking-related deaths, 31.3% fewer cancer deaths overall, and 
36% fewer lung cancer deaths specifically. Nicotine pouches, in particular, 
have been having a very significant impact in helping Swedish women quit 
smoking. Over 50% of Swedish female ex-smokers claim pouches are their 
preferred INP.
*	Czechia has recorded Europe's fastest decline in smoking, reducing its 
smoking prevalence from 30% to 23% in just three years. This progress 
followed the implementation of a comprehensive national harm reduction 
strategy that coordinated action across government ministries and 
differentiated taxation according to the relative harmfulness of nicotine 
products, encouraging smokers to transition away from cigarettes.
*	Greece has also demonstrated the potential of evidence-based harm 
reduction policies, reducing its number of smokers by 14% between 2020 and 
2023 after years of stagnant smoking rates. The country shifted from 
prohibitionist policies to a regulatory framework that allows innovative 
nicotine products, recognizes their lower risk compared to cigarettes, and 
applies taxation based on relative harm. This policy change has contributed 
to a substantial reduction in smoking prevalence.

Meanwhile, Estonia has experienced a 40% increase in smoking rates between 
2020 and 2024, after implementing more restrictive policies on INPs: 
including a ban on vape flavors beyond tobacco and menthol, and severely 
limiting the acceptability of vaping as an alternative to smoking.

According to the Path to Smoke-Free platform, if Estonia keeps on relying on 
prohibitions and restrictions regarding nicotine, it will only achieve a 
smoke-free status by 2115. However, if it adopts an approach closer to 
Sweden's, the process can be accelerated in 60 years, down to 2055. Given 
the fact that around 1346 people die in Estonia each either due to smoking 
(Tobacco Atlas), this can mean saving around 80 760 lives.

Moreover, there are health, economic and environmental arguments to regulate 
pouches:

*	Nicotine pouches as a lower-risk alternative to cigarettes. Expanding 
access to non-combustible nicotine products could encourage smokers to 
switch away from cigarettes and, over time, quit nicotine altogether.
*	Unlike cigarettes, nicotine pouches do not involve tobacco combustion, 
which is the primary cause of smoking-related diseases. Studies have found 
that they contain significantly fewer harmful and potentially harmful 
constituents than cigarettes and present a substantially lower overall risk 
profile. Their slower nicotine delivery may also help reduce dependence 
compared to smoking.
*	Regulating nicotine pouches could also generate economic benefits. They 
are inexpensive to manufacture and distribute, requiring no cold-chain 
logistics, electricity, or specialized retail infrastructure. They could 
also contribute to lower long-term healthcare costs by reducing the burden 
of smoking-related diseases.
*	From an environmental perspective, nicotine pouches produce no cigarette 
butts, ash, or smoke-related waste and avoid the battery and electronic 
waste associated with some other smoke-free products.
*	They are also discreet, odorless, and do not expose others to secondhand 
smoke, improving the experience of both users and those around them.

We respectfully encourage the Estonian Government to consider these 
international experiences and the growing body of scientific evidence when 
finalizing the proposed amendments to the Tobacco Act. Protecting young 
people from nicotine initiation must remain a priority, and robust 
safeguards to prevent youth access should go hand in hand with policies that 
provide adult smokers with access to lower-risk alternatives. By adopting a 
proportionate, evidence-based regulatory framework that balances these 
objectives, Estonia has the opportunity to accelerate progress towards a 
smoke-free future while improving public health outcomes. We remain at your 
disposal should you wish to discuss these findings further or receive 
additional research and data.

Further information at:

* 
https://www.weareinnovation.global/the-global-case-for-nicotine-pouches-position-paper/
*	https://www.weareinnovation.global/the-eu-case-for-innovation/
* 
https://www.weareinnovation.global/the-eus-smoke-free-future-and-the-role-of-innovation-findings-from-the-special-eurobarometer-539/
*	https://pathtosmokefree.global/

Best regards,
Beatriz Santos
CCO
We Are Innovation