By Timothy S. Donahue

Top Takeaways:

• MOP4 begins with a strong enforcement agenda focused on licensing, tracking, and prosecution of the illicit tobacco trade — estimated at 11% of the global market.
• Industry stakeholders face increasing risks as the Protocol’s supply-chain measures close loopholes in manufacturing, importing, online sales, and duty-free transit.
• COP11’s recent decisions on extensive nicotine-product bans establish the regulatory context — MOP4 now focuses on the illicit trade aspect of the policies.

The Fourth Meeting of the Parties (MOP4) to the Protocol to Eliminate Illicit Trade in Tobacco Products began today (November 24, 2025), with representatives from 60 Parties gathering in Geneva to promote global strategies against illegal tobacco trade under the framework of the WHO Framework Convention on Tobacco Control (WHO FCTC).

The session, themed “Justice and Prosecution: Strengthening Legal Action to Eliminate Illicit Trade in Tobacco Products,” will run until November 26 and is being closely watched by manufacturers, distributors, and regulators in the nicotine/tobacco sector.

“The illicit trade in tobacco products globally undermines public health, fuels organised crime and deprives governments of vital revenue,” said Andrew Black, Acting Head of the Secretariat of the WHO FCTC. “The MOP plays a critical role in strengthening international cooperation, promoting transparency and ensuring that Parties have the tools and support needed to meet their obligations under the Protocol.”

The Protocol, adopted in 2012 and in force since 25 September 2018, aims to eliminate all forms of illicit trade in tobacco products through supply-chain control, licensing, tracking and tracing and international law‐enforcement cooperation. Its importance is underscored by estimates that illicit trade accounts for approximately 11 % of the global tobacco market and cost governments more than US $47 billion in revenue annually.

Clear Enforcement Agenda

On the opening day, law-enforcement heavyweights took the stage: a high-level session co-hosted with INTERPOL and prosecutors from Gabon and Latvia addressed case studies of large-scale illicit-trade operations. Meanwhile participants reviewed the newly launched Global Progress Report on implementation of the Protocol, based on Party submissions.

Key agenda items slated for MOP4 include: strengthening mechanisms for international cooperation and assistance; mobilising financial resources for implementation; advancing licensing systems; improving supply-chain control for tobacco products; and refining tracking & tracing regimes — particularly in duty-free zones, cross-border transit and online sales.

The Protocol’s Article 8 requirements for unique packet identification and data carriers are spotlighted in discussions.

For industry stakeholders, the enforcement focus increases scrutiny: manufacturers, importers, and wholesalers may face growing obligations under national laws aligned with the Protocol. The tobacco sector observes a widening gap between regulatory intent and market access in high-tax jurisdictions, where illegal alternatives are becoming stronger.

For example, earlier in the week in Geneva, parallel discussions at COP11 flagged product-component bans, environmental regulation and novel-nicotine restrictions.

Observers observe friction between Parties supporting strict prosecution and those cautious of high enforcement costs or unintended market disruption. Some industry groups warn that heavy-handed enforcement without parallel legal commerce pathways may expand grey markets. The tobacco and nicotine industry must prepare for increased scrutiny across manufacturing, logistics, retail, and import channels.

Changing Pace

The opening of MOP4 follows last week’s conclusion of COP11, where 160 Parties approved decisions on proactive tobacco control measures and environmental regulation of nicotine products. COP11 adopted a decision calling for a complete ban on the use and sale of tobacco, heated-tobacco, and innovative nicotine products such as nicotine pouches on all United Nations indoor and outdoor premises.

As MOP4 begins its focused efforts on enforcing against illicit trade, the industry will carefully watch how the global policy momentum from COP11 translates into national implementation, supply-chain oversight, and market access challenges.