Cigarette emissions: the CJEU regulates the use of ISO standards

In a stop delivered on 21 April 2026, the Court of Justice of the European Union[1] It clarifies the conditions for applying Directive 2014/40 on tobacco products with regard to measuring emissions of harmful substances. It confirms that ISO standards, although not published in the Official Journal of the European Union, constitute the applicable reference for assessing the conformity of cigarettes, provided that their accessibility is effectively guaranteed. The Court thus strictly regulates the use of alternative methods and reaffirms the requirements of legal certainty, accessibility of the law, and uniform application of the European framework.

A case opposing public authorities, tobacco companies and civil society

The dispute that led to the ruling was initiated in the Netherlands by the Foundation for the Prevention of Smoking Among Young People, which challenged the compliance of filter cigarettes sold on the national market. It opposed the Dutch authorities, in particular the Food and Consumer Products Control Authority (NVWA) and the State Secretary for Health, as well as the major tobacco manufacturers involved in the proceedings, including Philip Morris, British American Tobacco, Japan Tobacco International, and Imperial Brands.

The dispute is part of a multi-stage legal process. In 2018, the foundation petitioned national authorities to have cigarettes it deemed non-compliant with maximum emission levels removed from the market. Following the rejection of this request, the case was brought before the Dutch courts, which then referred it to the Court of Justice of the European Union for the first time in 2020. In a 2022 ruling, the Court had already clarified the applicability of ISO standards. Based on this ruling, the Rotterdam court had determined that these standards could not be invoked against the foundation and had paved the way for the use of an alternative method.

The ruling of April 21, 2026, comes in the context of the appeal of this decision and aims to definitively clarify the conditions of access to ISO standards and their role in the control of conformity of tobacco products.

A European framework based on international technical standards

Directive 2014/40/EU regulates the manufacture and marketing of tobacco products within the European Union, notably by setting maximum emission levels for certain toxic substances such as tar, nicotine, and carbon monoxide. These levels are determined according to measurement methods based on technical standards developed by the International Organization for Standardization (ISO), to which the directive explicitly refers.

These standards, although integrated into the regulatory framework, are not published in the Official Journal of the European Union, primarily due to their protection by intellectual property rights. This situation raises issues regarding the accessibility of the law, since these standards directly influence the application of legal obligations.

A crucial clarification on access to ISO standards and their legal scope

Having considered these questions, the Court provides a key clarification regarding access to justice. It reiterates that when European legislation refers to technical standards to define legal obligations, individuals must be able to access them freely, effectively, without charge, and without discrimination.

It further specifies that this requirement rests with the European Union itself, including when the standards in question are protected by intellectual property rights. In this case, the Court notes that the parties to the dispute did indeed have access to the content of the ISO standards. It concludes that these standards are enforceable and must be used to verify the compliance of cigarettes with the emission levels set by the directive.

The Court also indicates that an individual, such as an association, can claim compliance with the emission levels provided for by the directive, but only on the basis of the measurement methods defined by these standards.

A strict limitation on the use of alternative methods

The ruling establishes a restrictive approach to the use of alternative measurement methods. Once ISO standards are available, they constitute the sole reference framework for assessing the compliance of cigarettes with the maximum emission levels set by EU law.

Consequently, a party cannot invoke an alternative method, even one based on scientific data, to demonstrate that regulatory thresholds have been exceeded or to obtain the withdrawal of products from the market. This position aims to ensure the uniform application of EU law and to prevent the emergence of competing standards that could undermine the coherence of the regulatory framework.

The Court thus reaffirms that compliance with the requirements laid down by the directive must be assessed against harmonized criteria, ensuring legal certainty for economic operators and the stability of the internal market. It also recalls that the evolution of measurement methods falls within the competence of the European legislator, and in particular the Commission, which is empowered to adapt these methods in light of scientific and technical advances.

Implications for the European framework and its evolution

Beyond the specific case, the Court of Justice's ruling has structural consequences for the European Union and Member States, both operationally and in terms of the prospects for the evolution of the regulatory framework applicable to tobacco and nicotine products.

First, the decision establishes a strengthened requirement regarding the accessibility of technical standards incorporated into EU law. By affirming that these standards must be freely, effectively, without charge, and without discrimination, the Court imposes a direct responsibility on the European institutions for making them available. This requirement is likely to challenge the current methods of accessing standards developed by tobacco manufacturers, who also assert intellectual property rights, and whose access remains, in practice, restricted. It highlights the need for clarification of the legal framework governing the integration of such standards into binding instruments.

Secondly, the ruling significantly strengthens the degree of harmonization of the European framework by limiting the scope for intervention by Member States. By excluding the use of alternative measurement methods, the Court restricts the ability of national authorities to utilize complementary scientific approaches, even when these reveal higher levels of exposure under real-world conditions. This position, based on imperatives of legal certainty and internal market coherence, runs counter to the international process underway, which is challenging current ISO standards. This weakness poses an even greater risk given the rapid pace of scientific development. Conversely, an international agreement reached within the framework of the WHO treaty, the Framework Convention on Tobacco Control, to which the European Union and all its Member States are parties, could revise analytical methods on a harmonized scale with a view to greater consumer protection and alignment with the actual risks involved.

Thirdly, the decision provides significant legal certainty for economic operators, by confirming that compliance with ISO standards is the determining criterion for conformity with Union law.

Furthermore, the ruling explicitly refocuses the regulatory framework's capacity for evolution at the European level. Any adaptation of measurement methods falls under the purview of the Union institutions, and in particular the European Commission, which is empowered to adapt them in light of scientific and technological advancements. This centralization of regulatory developments aims to preserve the unity of the internal market, but consequently limits the possibilities for national initiatives in a context where public health concerns may justify more proactive approaches.

From this perspective, the decision highlights the limitations of a framework based on technical standards whose adaptation depends on institutional processes that are sometimes lengthy, even though scientific knowledge and consumption practices are evolving rapidly.

These issues are part of the broader context of work carried out internationally within the framework of the WHO treaty and the anticipated revision of Directive 2014/40/EU. The question of the adequacy, transparency, and accessibility of measurement methods thus emerges as a key lever for strengthening the effectiveness of public health policies, in an environment marked by the diversification of products and the need to better protect populations, particularly the youngest.

©Generation Without Tobacco

AE

[1] Opinion of Advocate General Nicholas Emiliou, delivered on 4 September 2025, Case C-155/24, Nederlandse Voedsel- en Warenautoriteit and Others v Stichting Rookpreventie Jeugd, preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands), C‑160/20, EU:C:2022:101