European Commission validates ban on puffs in France

This Wednesday, September 25, the European Commission announced that it had validated the ban on disposable electronic cigarettes in France. This authorization was necessary in the legislative process initiated in December 2023 and requested since 2022 by anti-smoking associations.

A bill to ban these devices was adopted by the Senate and the National Assembly, then by the Joint Committee (JCC) last March.[1] and had to be notified to the European Commission these are products covered by a European directive.

A “justified, necessary and proportionate” ban

In its decision, the Commission considers that the ban on puffs is "justified, necessary and proportionate" in view of the health issues. A similar decision was made last March for Belgium[2]The Commission also justifies its decision by the fact that these products are sold at prices much lower than those of traditional cigarettes, which may attract younger people, who are sensitive to the price argument.

In addition to the health argument, France also highlighted the environmental issue linked to these devices, with the microplastics and chemicals that these products contain, in particular a lithium battery which are difficult and rarely recycled.

The French parliament can now definitively confirm its vote, paving the way for the law to be enacted. The ban could therefore be effective as early as the end of the year in France.

Manufacturers anticipated the ban

The ban concerns products that cannot be refilled with liquid. However, the European institution rejected the ban on “electronic cigarettes containing nicotine that can be refilled with liquid and have a non-rechargeable battery.” For the National Committee against Smoking (CNCT), this leaves the door open to possible circumventions on the part of manufacturers.

In anticipation of the ban, manufacturers have been marketing new vaping devices that can be refilled a limited number of times for months, specifically to circumvent the ban. These electronic cigarettes are filled with e-liquid two to three times before being thrown away. According to the barometer[3] of the CNCT, these new products are heavily promoted in tobacconists and are the subject of recurring promotional offers. These products are equipped with an electrically rechargeable battery which for its part could be recharged approximately 300 times. The disposable nature of these products worsens the already significant plastic pollution.

Many other illegal devices are also easily found online, including devices that cannot be recharged with liquid but electrically. These devices contain tanks larger than the authorized limit, up to 20ml (10 times higher than what is authorized) and a nicotine level of up to 50mg/ml, or 2.5 times the legal limit authorized in France.[4].

©Tobacco Free Generation

AE

[1] Disposable electronic cigarettes: European Commission agrees with France to ban them, France Info, published on September 25, 2024, consulted on September 26, 2024

[2] Tobacco-free generation, Belgium gets approval to ban disposable e-cigarettes, published on March 21, 2024, consulted on September 26, 2024

[3] Barometer of advertising of new tobacco and nicotine products at points of sale, CNCT

[4] Generation without tobacco, Europe: Illegal sale of puffs on the Internet, published September 17, 2024, accessed September 26, 2024