Tobacco Directive: A European assessment reveals an outdated framework

The European Commission published its assessment much-anticipated from the 2014 Tobacco Products Directive (TPD) and the Advertising Directive (TAD)[1]. While acknowledging progress in public health and harmonization of the internal market, the analysis highlights major shortcomings in the fight against smoking and in addressing the rise of new nicotine products, the development of digital marketing, and increased exposure among young people. The Commission specifically points to the lack of a harmonized framework for emerging products, the inadequacy of rules on flavorings, and the limitations of the existing system in the face of industry strategies. In this context, the evaluation reignites the debate on the need for an ambitious revision of the Tobacco Products Directive (TPD), supported by civil society, but whose publication is regularly delayed due to the persistent influence of the tobacco industry.

The assessment is based on a particularly extensive empirical foundation, combining quantitative and qualitative data. It draws on European surveys (Eurobarometer, EHIS), market data, scientific studies, as well as specific work on digital marketing practices.

It also relies on extensive stakeholder consultation, including over 24,000 contributions in response to a call for input, over 17,000 responses to a public consultation, and targeted surveys of Member States, civil society, and economic actors. The Commission nevertheless highlights significant limitations, notably the difficulty of isolating the directive's specific impact on reducing smoking or precisely quantifying the economic and health benefits.

In this context, the integration of contributions from economic operators, including the tobacco industry, calls for particular vigilance in taking their positions into account, especially regarding regulatory complexity and compliance costs. This situation underscores the importance of ensuring strict application of Article 5.3 of the WHO Framework Convention on Tobacco Control, in order to prevent any undue influence on the development of public policies.

A strategic assessment to adapt the European framework

The 2014 directive harmonized several key aspects of tobacco regulation within the European Union. It governs, in particular, the composition of products, their labeling, health warnings, traceability, and certain forms of advertising and distance selling. It also introduced specific rules for electronic cigarettes, which were emerging at the time.

However, the evaluation highlights that this framework is based on an outdated design. At the time of its adoption, many products that are now widely available, such as heated tobacco products or nicotine pouches, were either nonexistent or marginal. This situation limits the regulatory framework's ability to respond effectively to market developments.

The Commission particularly regrets the lack of a "flexible and comprehensive" definition of nicotine products, which prevents the rapid anticipation and regulation of industrial innovations. More broadly, the assessment highlights a structural imbalance between the industry's speed of adaptation and the regulatory framework's responsiveness, as manufacturers are able to quickly modify their products, their compositions, or their sensory characteristics to circumvent certain restrictions.

In this context, the effects of the measure on consumption appear mixed. While the overall prevalence of smoking declined during the period studied, the Commission particularly highlights an estimated 8.6% decrease in tobacco-related mortality between 2012 and 2023. These positive trends reflect the combined effect of tobacco control policies at both the European and national levels. However, the evaluation emphasizes the difficulty of attributing these results solely to the directive, due to the crucial role of other factors, including taxation, national policies, and societal changes.

A structuring but incomplete regulatory framework, weakened by persistent fragmentation

The Commission particularly regrets the absence of a "flexible and exhaustive" definition of nicotine products, which prevents the rapid anticipation and regulation of industrial innovations.

Beyond these shortcomings, the evaluation highlights a significant fragmentation of the regulatory framework, linked to the leeway granted to Member States in several key areas, such as tax policies, the plain packaging of goods and services, and certain public health measures. This heterogeneity limits the overall effectiveness of the system and creates opportunities for economic actors, who can exploit the differences between Member States, particularly within the context of the internal market.

Furthermore, several key levers of tobacco control, such as sales policies, certain prevention measures, and specific restrictions, remain outside the scope of European harmonization, contributing to unequal levels of protection among European populations. In this context, the fragmentation of the framework appears not only as an operational limitation but also as a structural factor weakening the impact of public health policies at the EU level.

Nevertheless, this fragmentation also stems from the European Union's delay in adopting the necessary protection standards. Therefore, the revision of this directive has a dual purpose: firstly, to make up for lost time in Europe, and secondly, to enable Member States to implement more ambitious measures, particularly in the future, with a view to creating a ripple effect, such as the dissemination of best practices internationally through the WHO treaty, the FCTC.

Aromas, attractiveness and packaging: structural weaknesses exploited by the industry

The evaluation highlights the central role of appeal strategies in current consumption patterns, particularly among young people. The Commission emphasizes that they are exposed to an unprecedented range of "flavored, colored, and widely marketed" products, confirming the crucial role of flavors in the initiation and use of nicotine products.

The report is particularly critical of the current ban on flavorings. The procedure is deemed too cumbersome, slow, and ineffective, allowing manufacturers to adapt their products more quickly than the authorities can assess them. Several Member States believe that a clear and comprehensive ban on flavorings would be more effective and less costly. The assessment also highlights that flavorings do more than simply enhance product appeal: they contribute to the transition between different types of products, particularly e-cigarettes, and play a crucial role in initiating young people into vaping, increasing the risk of early addiction.

Beyond flavorings, the evaluation highlights that current product presentation rules remain insufficient to limit their appeal. The issue of plain packaging illustrates this limitation: while recognized as an effective public health measure, its optional application has led to significant disparities between Member States. This flexibility, while enabling national progress, is also identified as a factor in fragmenting the internal market and creating opportunities for circumvention. In a context of increased advertising restrictions, product packaging now appears as a key marketing lever, allowing the industry to maintain the attractiveness of its products despite existing prohibitions.

The Commission goes further, suggesting that similar measures could be relevant for emerging products, particularly e-cigarettes. It also points to regulatory inconsistencies, notably in the labeling of heated tobacco products, where the differences in treatment are not always based on sound public health justifications.

An outdated framework in the face of new products and digital marketing

One of the key findings of the evaluation concerns the inadequacy of the existing framework for new nicotine products. The Commission emphasizes that "the rise of e-cigarettes, heated tobacco products, and nicotine pouches has given rise to new public health concerns." It identifies the lack of harmonized rules aimed at limiting access to, the appeal of, and the distribution of these products, particularly among young people, as a "significant deficiency.".

It also explicitly rejects the industry's argument that these products are effective alternatives to combustible tobacco, noting that the World Health Organization considers their effectiveness as smoking cessation tools to be unproven. The assessment thus helps to deconstruct industry narratives based on "harm reduction," highlighting persistent scientific uncertainties and the risks of initiation.

Finally, the document emphasizes that the current framework is largely outdated by the development of digital marketing. Indirect promotion strategies, particularly those using social media, influencers, and sponsored content, largely escape existing rules, significantly undermining the effectiveness of regulations.

A monitoring and traceability system weakened by issues of independence

The Commission's assessment also highlights significant limitations of the European tobacco product tracking and tracing system, which is nevertheless central to the fight against illicit trade. Established under the 2014 directive, this system aims to ensure the monitoring of products throughout the supply chain, in order to prevent diversion to the parallel market.

The Commission specifically raises questions, particularly regarding independence from the tobacco industry. Several stakeholders, including civil society organizations, have pointed to the role of various industry-linked actors in the system, arguing that it fails to guarantee independence and could compromise its integrity.

It also highlights the technical complexity and the particularly resource-intensive nature of this system, especially for the authorities.

These concerns are part of a broader context of vigilance regarding the requirements of Article 5.3 of the WHO Framework Convention on Tobacco Control, which mandates the protection of public policies against industry interference. The evaluation thus underscores the need to guarantee a fully independent, transparent system that complies with international standards, particularly the Protocol to Eliminate Illicit Trade in Tobacco Products.

An ambitious revision is expected, under pressure from industrial interests.

All the findings made by the Commission converge on a clear conclusion: the current framework for controlling tobacco and nicotine products is no longer suited to market developments. Faced with the rapid growth of new products, the sophistication of marketing strategies, and increased exposure among young people, the need for a thorough revision of the Tobacco Products Directive (TPD) is now widely acknowledged.

This revision is eagerly awaited by civil society organizations, including the National Committee Against Smoking (CNCT), which are calling for a substantial strengthening of the European framework. The identified priorities are well-known: broadening the scope of the directive to include all nicotine products while allowing Member States that so wish to ban new products not regulated in the 2014 directive; strengthening measures to reduce the attractiveness of tobacco products (particularly regarding flavors and packaging); more strictly regulating marketing practices, especially in the digital environment; ensuring greater consistency with other public health policies, particularly fiscal ones; and consolidating the tobacco product tracking and traceability system by making it completely independent of manufacturers.

However, despite this growing consensus on the need for action, the publication of an ambitious revision proposal continues to be delayed. This delay occurs within a context marked by the persistent and significant influence of the tobacco industry, which seeks to sway European regulatory policy. Through arguments centered on "harm reduction," "substitution," and "regulatory simplification," industry players attempt to hinder the adoption of stricter measures.

The assessment indirectly but explicitly highlights this structural tension between public health objectives and economic interests, which the European Union and all its Member States recognize as fundamentally opposed and irreconcilable. It emphasizes, in particular, that regulatory simplification objectives can conflict with public health imperatives by reducing the capacity to monitor and control a constantly evolving market. Measures deemed restrictive by industry, such as reporting requirements, packaging rules, and marketing restrictions, are precisely those that allow authorities to effectively monitor the market. Weakening these measures would compromise the ability of public authorities to anticipate and respond to emerging risks.

In this context, the upcoming revision of the Tobacco Products Directive (TPD) is of paramount importance. It must not only address the identified shortcomings but also ensure that the decision-making process remains fully aligned with public health protection requirements, in accordance with Article 5.3 of the WHO Framework Convention on Tobacco Control. The European Union's ability to adopt ambitious regulations will depend largely on its resilience to the tobacco industry's influence strategies.

©Generation Without Tobacco

AE

[1] Press release, Commission evaluation of the EU tobacco control framework highlights progress and emerging public health challenges, European Commission, published on 2 April 2026, accessed on the same day