Several Member States are asking the Commission to strengthen the European framework on tobacco and nicotine

In a letter addressed to European Commissioner Olivér Várhelyi, Eight ministers, including seven from the Ministry of Health, highlighted the profound changes in the market for tobacco and other nicotine products since the adoption in 2014 of the current European legislative framework.[1]. The emergence of new product categories, the rapid evolution of technologies and the development of new marketing strategies and "harm reduction" claims have, according to them, created regulatory gaps that the current Tobacco Products Directive (TPD) and Tobacco Advertising Directive (TAD) had not anticipated.

The ministers therefore welcome the European Commission's initiative to revise these two texts and consider this revision an opportunity to strengthen the European regulatory framework. They call for a shift from an approach primarily based on regulating existing products to a more preventative framework, capable of anticipating market developments, limiting regulatory circumvention, and preventing nicotine addiction. They see this shift as part of the European objective of a "tobacco-free generation" by 2040.

Freezing the arrival of new products and reducing their appeal, especially to young people

The signatory states—the Netherlands, Belgium, Finland, France, Hungary, Latvia, Slovenia, and Spain—propose, in particular, to prevent the introduction of new categories of products containing nicotine or substances with similar properties, as well as devices enabling their use. They also wish to extend this principle to products that do not contain nicotine or similar substances but imitate them. This approach would involve prohibiting, as consumer products, those containing nicotine or similar substances that are not covered by the TPD.

The letter also calls for stricter regulations on existing products to reduce their appeal, particularly to young people. The ministers propose strict maximum nicotine levels, a broad ban on flavorings, standardization rules for products and related devices, and plain packaging for all affected products. They also request that all products authorized on the market be subject to equivalent regulations to prevent repeated substitutions between different product categories.

Nicotine-containing oral sachets, with or without tobacco, are receiving particular attention. Ministers point out that snus has been banned in the European Union since 1992, with the exception of Sweden, and consider that nicotine sachets can be used to circumvent this ban. They therefore call for strengthening the European ban on oral products and allowing Member States to adopt stricter national measures, potentially including a ban on nicotine sachets and increased restrictions on other tobacco-free nicotine products.

Actions are being requested regarding advertising, online sales, and also environmental protection.

The letter also calls for advertising bans to apply to all tobacco and nicotine products, as well as related devices, across all communication channels without exception. This includes social media and should apply to influencers and content creators, particularly those acting on behalf of commercial interests. The signatories want digital platforms to be required to proactively remove such content and prevent its further publication. The ministers also ask the Commission to propose measures to better combat cross-border sales, particularly online. They believe these sales can undermine the effectiveness of national policies aimed at making tobacco and nicotine products less accessible and less appealing, especially to young people.

Furthermore, the letter calls for greater integration of environmental concerns into future regulations, following a "One Health" approach. The signatories specifically cite waste, plastic pollution, and the non-biodegradable components generated by these products. They want Member States to have sufficient leeway to adopt national bans aimed at reducing their environmental impact, particularly concerning single-use e-cigarettes or "puffs," which are already banned in several Member States, including France, Belgium, Spain, and Ireland.

An ambitious revision that complies with EU and WHO treaties, while preserving national flexibility

The ministers reiterate that the Tobacco Products Directive (TPD) is based on Article 114 of the Treaty on the Functioning of the EU (TFEU), which aims to harmonize national legislation and limit barriers to the internal market, while ensuring a high level of health protection. They call for the future European framework to provide a sufficiently ambitious foundation, while allowing Member States the option of adopting stricter national measures. They emphasize that this approach is compatible with the WHO Framework Convention on Tobacco Control (FCTC), which encourages Parties to implement measures that go beyond its minimum requirements. They also reiterate that achieving lasting regulation requires strict adherence to the provisions of Article 5.3 of the FCTC concerning the protection of public health policies from the interests of industry and its representatives.

According to the signatories, the revision of the directives should thus make it possible to better anticipate market developments and to strengthen the prevention and reduction of the consumption of tobacco and other nicotine products, with the ultimate goal of reducing nicotine addiction in the European Union.

©Generation Without Tobacco

AD

[1]Jean Delaunay, Eight European states want to "freeze" the market for new nicotine products, Europe Observatory, published on October 6, 2026, accessed on October 7, 2026

National Committee Against Smoking |