Revision of the tobacco directives: the European Commission is consulting with member states

The European Commission has launched a targeted consultation with Member States as part of the revision of the Tobacco Products Directive (2014/40/EU) and the Tobacco Advertising Directive (2003/33/EC). National authorities are invited to respond by July 3, 2026, to a detailed questionnaire covering flavorings, labeling, nicotine regulations, digital advertising, and practices that circumvent legislation. This initiative, which complements the existing call for contributions, aims to take stock of current national measures to inform the revision of the European framework, as several countries, such as Ireland and Finland, have already notified Brussels of draft legislation on these products.

A questionnaire that covers the entire market for nicotine products

THE document, The document, consulted by the media outlet Contexte, asks member states to provide a consolidated country-specific response, coordinated between the competent authorities. It covers a broad range of products: tobacco products, electronic cigarettes with or without nicotine, non-nicotine electronic devices (such as devices where tea sticks are inserted), nicotine sachets, herbal products, and other emerging products.

For each theme, the Commission asks national administrations to describe the measures already adopted, the corresponding legal bases, the difficulties encountered in their implementation and application, as well as the observed or expected economic, social, and environmental impacts. Particular attention is paid to the administrative burden: Member States are asked to quantify, in full-time equivalents (FTEs), the efforts mobilized by their authorities for implementation, monitoring, laboratory testing, and litigation. The Commission also explores potential areas for simplification of the EU-CEG product notification tool and the tobacco traceability system, without, however, compromising the obligations arising from the WHO Protocol against Illicit Trade in Tobacco Products.

The text also reminds administrations of their obligations under Article 5.3 of the WHO Framework Convention on Tobacco Control, which requires protecting public health policies from the commercial interests of the tobacco industry.

Sensitive topics: flavorings, bypass devices, and synthetic nicotine

Several sections of the questionnaire touch on points of contention clearly identified by health authorities. The Commission is therefore asking Member States about practices that could circumvent current legislation: accessories or components sold separately from the main product, flavoring devices for tobacco products when characteristic flavors are prohibited, promotion on social networks of non-compliant products, or products presented as nicotine-free while containing nicotine.

The text also distinguishes between types of nicotine substances: nicotine salts, natural nicotine, synthetic nicotine, nicotine derivatives, and other tobacco alkaloids with similar effects, in order to determine whether national regulations differentiate between these categories. Prohibitions or restrictions concerning disposable e-cigarettes, nicotine concentration, or the appearance of devices are addressed in a separate question, as are the exemptions from health warnings that some countries apply under Article 11(1) of the 2014 Directive.

Notifications already sent to the Commission as part of procedure 2015/1535 Ireland illustrates this national regulatory movement[1] Finland notified in April 2026 of a draft law aimed at regulating the packaging and presentation of inhalable products containing nicotine and nicotine pouches, as well as prohibiting their sale to minors, justifying this initiative by the continued rise in vaping among young people despite existing measures.[2] For its part, it notified a proposal amending its tobacco law, which notably intends to ban certain cannabinoids in tobacco products and their substitutes.

Heterogeneous national approaches complicate the necessary strengthening of European texts

Beyond the information-gathering exercise, this consultation illustrates the growing diversity of national approaches to products that the 2014 directive did not anticipate, starting with nicotine pouches and nicotine-free devices. Several Member States are already legislating, pending an updated European framework, with the risk of fragmentation of the internal market and unequal levels of protection between countries.

The Commission has, within the framework of the notification procedure, This includes a period of up to eighteen months to block a national project when harmonization work is underway at the European level. This mechanism, designed to preserve the coherence of the internal market, does not, however, preclude a swift update of the directive itself: as long as it remains unchanged, Member States continue to proceed in a fragmented manner on such sensitive issues as flavorings, synthetic nicotine, and bypass devices, with potentially different consequences for the protection of young people depending on their country of residence. This consultation, and the revision it prepares, will therefore be closely watched as a test of the Union's and its Member States' ability to establish a common framework ambitious enough to limit these discrepancies and guarantee a high level of protection for European citizens.

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[1] Public Health Bill (Tobacco Products and Inhalation Products Containing Nicotine) (Amendment) 2026, 2026/0176/IE (Ireland)

[2] Government proposal to Parliament in favour of a law amending the tobacco law, 2026/0217/FI (Finland)