Undisclosed meetings between the tobacco industry and European officials are again being scrutinized.

The European Union’s independent investigator has launched an inquiry into meetings in which tobacco industry representatives asked European Commission staff to intervene in other countries' policies, arguing that limits on sales of tobacco products were an unfair trade barrier.

The meetings may be a violation of an international tobacco treaty that seeks to reduce tobacco-related diseases and deaths and calls on countries to limit interactions with the industry. If meetings are necessary, the treaty’s guidelines require countries to disclose them. 

In an Aug. 18 letter, European Ombudsman Teresa Anjinho gave the Commission president one month to provide documents related to meetings between its staff and the tobacco industry. She also asked for a “full list of meetings and/or phone calls held with representatives of the tobacco industry or of the interests of that industry, for the years 2023-2026.”

The action follows a vote in May by the European Parliament calling on the European Commission to investigate undisclosed tobacco industry meetings. That vote was taken in response to a report led by French anti-tobacco nonprofit Contre-Feu and an investigation by The Examination and Politico in December. 

Our investigation revealed that Commission staff took action on behalf of Philip Morris International on three occasions, weighing in on trade issues involving tobacco in Turkey and PMI’s heated tobacco device, IQOS, in Mexico. We reported that at least six undisclosed meetings took place between the staff of the European Commission, the EU’s executive arm, and Philip Morris International from September 2022 through 2024. 

For Turkey, Philip Morris International’s second-largest cigarette market, Commission staff raised the company’s complaints in a report to high-level EU officials and, separately, to Turkish officials. In Mexico, Philip Morris International sought help from trade officials when the country banned vapes and heated tobacco — after which the Commission issued a barrier to trade notice. 

Altogether, Philip Morris International sought Commission help to change policies and tax rates for its tobacco products in 10 countries, according to a tranche of documents released through a freedom of information request by Contre-Feu and obtained by The Examination. Nearly all of those countries had bans on heated tobacco. 

The company’s largest market is Japan, where political leaders were looking to raise taxes on heated tobacco to match those of cigarettes. In at least one meeting and subsequent emails in 2023, Philip Morris International staff told EU trade staff that the proposed hike was an “urgent matter.” 

The company told EU staff that Japan’s actions were a possible trade barrier that could impact its IQOS products made in the EU. In emails and memos, Philip Morris International’s team instructed Commission staff on steps they could take to intervene “to explore a satisfactory solution, including adjustment to the amending legislation.” 

Among other meetings between EU employees and the tobacco industry was a 2024 videoconference with British American Tobacco representatives, who wanted trade staff to intervene at a World Trade Organization hearing regarding Saudi Arabia’s proposed tax hike on e-cigarette cartridges.

None of the heavily redacted documents reviewed by The Examination state whether EU officials followed up on the companies’ trade and tax complaints regarding most of the countries, including Saudi Arabia and Japan.

And none of Philip Morris International’s meetings with staff were published on EU public transparency websites reviewed by The Examination. 

A spokesperson for the Commission told The Examination that the body “strictly follows” the international tobacco treaty. “Meetings with the tobacco industry are avoided, unless they are strictly necessary,” the spokesperson said. 

Anjinho, the EU ombudsman, said in her letter to the president that she opened her inquiry in response to a complaint by Contre-Feu. She asked the Commission for any documents that mention tobacco or nicotine, “(including, but not limited to, position papers, internal emails, proposals, briefings, notes, meeting agendas and minutes, etc.) related to exchanges with the third countries,” referring to the 10 countries identified in The Examination and Politico’s story. This indicates she is looking to determine how far staff went to assist the company in those countries. She asked for unredacted documents, unlike those released through Contre-Feu’s public records requests. 

The European Commission spokesperson told The Examination in an email that the body “will cooperate fully with the Ombudsman’s office by addressing in due time all requests made in the context of this investigation.”

Philip Morris International and British American Tobacco did not respond to requests for comment.

On its website, Philip Morris International says it shares its perspectives with policymakers and is “particularly active with respect to policies regarding less harmful alternatives to cigarettes, trade and fiscal matters, and intellectual property.” 

British American Tobacco states on its website, “When engaging with external stakeholders, Group Companies and Employees must ensure that they participate in the policy process in an open and transparent manner, complying with all laws and regulations of the markets we operate in.”

A previous ombudsman’s report in December 2023 faulted EU staff for failing to disclose meetings with the tobacco industry.