16.—(1) No person may produce or supply a tobacco product containing—
(a)vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks;
(b)caffeine, taurine or other additives and stimulant compounds that are associated with energy and vitality;
(c)additives which have colouring effects on emissions; or
(d)in the case of tobacco products for smoking, additives that facilitate inhalation or nicotine uptake.
(2) No person may produce or supply a tobacco product containing—
(a)additives that have CMR properties in unburnt form; or
(b)additives in quantities that increase, to a significant or measurable degree, the toxic or addictive effect or CMR properties of the product when it is consumed.
(3) Nothing in this regulation prohibits the use of an additive which is essential for the manufacture of a tobacco product (for example, sugar when it is used to replace sugar that is lost during the curing process), provided that the additive does not result in a product with a characterising flavour, and does not increase to a significant or measurable degree, the toxic effect, addictive effect or CMR properties of the product when it is consumed.
[F1(4) Regulations may, in relation to GB tobacco products—
(a)specify whether a tobacco product contains additives in quantities that increase the toxic or addictive effect, or the CMR properties of that tobacco product at the stage of consumption to a significant or measureable degree;
(b)where an additive or a certain quantity thereof has been shown to increase the toxic or addictive effect of a tobacco product, set maximum content levels for that additive.]
Textual Amendments
F1Reg. 16(4) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(14) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(16), 5); 2020 c. 1, Sch. 5 para. 1(1)