How the DGT's position has evolved
Current position
Products composed of substances other than tobacco that meet the criteria for smoking tobacco or cigarettes are considered tobacco products subject to the tax. Only products with an exclusively medicinal function are excluded from this consideration. In the case of heated herb products, these fit the definition of smoking tobacco under article 59.4.a) of the LIE.
The DGT has moved from focusing on the distinction between tobacco leaf and processed tobacco to extending the scope of the tax to products that do not contain tobacco but are smokable. Since 2021, the doctrine includes non-prohibited trafficking substances under the category of tobacco products if they meet the formal criteria of article 59 of the LIE.
Turning points
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Introduces the consideration of cigarettes to products made of non-prohibited trafficking substances that are not tobacco but meet the criteria for cigarettes.
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Confirms that heated herb products fit the definition of smoking tobacco under article 59.4.a) of the LIE.
Analysis based on 21 of 21 rulings with a stated position. Updated 25 September 2026.