Nicotine pouches: towards a definitive ban in France

In response to criticism from several European Union member states, France has firmly defended—via an official notification sent to Brussels—its draft decree aimed at banning all oral nicotine products, including pouches. The government maintains that this measure is justified, proportionate, and compliant with European regulations. Following the lack of response from EU authorities after the publication of its arguments, the way is now clear for an effective ban. The Alliance Against Tobacco (ACT) and the National Committee Against Smoking (CNCT) call for its urgent implementation to protect young people.[1].

Context and European procedure

The French decision to ban nicotine pouches and, more broadly, all non-pharmaceutical products for oral use containing nicotine, is part of a strict regulatory framework defined by the European Union. Under Directive 2015/1535, any draft technical regulation must be notified to the European Commission and other Member States in order to ensure the free movement of products on the internal market and avoid the emergence of unjustified trade barriers.

It is in this context that France submitted its draft decree via the TRIS (Technical Regulation Information System) system on 24 February 2025. This notification opened an initial three-month standstill period, preventing the State from adopting its measure before examining any possible European reactions. The objective of this procedure is to allow other Member States and the Commission to assess the compatibility of the future national regulation with EU law and to signal, where appropriate, any objections.

Following this notification, six countries formulated detailed opinions : Romania, Greece, Slovakia, the Czech Republic, Sweden, and Italy. These positions reflect differences in approach between Member States regarding the regulation of these new nicotine products, but above all, the openness of certain states to interference from the tobacco industry. Some have expressed doubts about the robustness of the scientific data put forward by France to justify the ban, stressing that the long-term health risks remain insufficiently documented. Others have highlighted the possibility of using these pouches as a harm reduction tool, citing the example of Sweden, where similar products, such as snus, are traditionally consumed and considered by some stakeholders as an alternative to smoked tobacco.

The issuance of these detailed opinions had the effect of extending the standstill period by a further three months, until 26 August 2025. During this period, France could not adopt its decree and had to respond point by point to the criticisms raised. This procedural step aimed to examine the relevance and proportionality of the measure, ensuring that it did not constitute a disproportionate obstacle to the internal market.

The French response to the objections

On 21 August 2025, France submitted a detailed response to the European Commission and Member States to the detailed opinions submitted. In this document, Paris defended the legality and necessity of its proposed ban, relying on three main arguments: legal compliance, the proportionality of the measure with regard to public health, and the absence of interference in any potential European regulation.

From a legal perspective, the French government emphasizes that its draft does not concern products already covered by existing EU legislation. Unlike smoked tobacco or snus—banned at the European level with the exception of Sweden—pouches and other oral nicotine products do not fall within the scope of any specific EU regulations. Therefore, France considers that its decree does not violate the principle of the free movement of goods and does not create an unjustified obstacle to the internal market. The government, on the contrary, asserts that the regulation of these products falls under national jurisdiction as long as no European legislation applies to them.

France also insists that its measure is justified and proportionate in light of the objective of protecting public health. It highlights a series of documented risks: the high nicotine content of these products, which can lead to rapid addiction, the neurotoxic effects of nicotine on the developing brain, the increase in cases of accidental poisoning reported by poison control centers, as well as the associated cardiovascular and oral health problems. In this context, Paris considers that the ban is a necessary and appropriate response to the threat these products pose to young people and non-smokers. The executive also points out that the protection of public health, enshrined in European treaties, justifies national measures even when they restrict access to the internal market.

Finally, France refutes the argument put forward by certain states that its project would encroach on an ongoing European initiative. It points out that the Commission has at no time announced any specific regulatory project concerning oral nicotine products under the 2014 Tobacco Products Directive. The silence of the European executive, which did not deem it necessary to raise this issue during the procedure, confirms, according to Paris, the absence of legislative overlap. Thus, there is no legal obstacle to a Member State taking stricter health protection measures on its territory.

Towards an effective ban supported by public health actors

Following the extended standstill period until 26 August 2025, no new opinions were issued by the Member States or the European Commission. This lack of response has removed the remaining legal obstacles and now paves the way for the adoption of the French decree. Since 27 August, the government has been entitled to implement the national ban on nicotine pouches and, more broadly, on all oral products containing nicotine outside of pharmaceuticals. This decision places France among the first European countries to initiate a comprehensive ban on these new products, whose rapid spread on the market has raised serious concerns in the public health field.

As soon as this European green light was officially announced, several anti-smoking organizations called for immediate implementation of the measure. The Alliance Against Tobacco (ACT) and the National Committee Against Smoking (CNCT) emphasized the urgent need to act to stem a rapidly growing phenomenon, which particularly affects young people. The CNCT points out that these products, available in a wide variety of fruity or menthol flavors and presented in attractive packaging, exert a strong appeal on minors. The discreet nature of their consumption and their easy access contribute to normalizing nicotine use, at the risk of creating a new generation of addicts.

For these two associations and other public health stakeholders, the ban is an essential step in maintaining the coherence of tobacco prevention policies in France. It also addresses a growing concern among health professionals, who have noted an increase in poisonings reported to poison control centers and are warning of the neurotoxic effects of nicotine on the developing brain. In this perspective, the rapid adoption of the decree is seen not only as a measure to protect younger generations, but also as a strong signal to the entire European Union.

The issue goes beyond the strictly national framework. While some Member States, such as Sweden, continue to tolerate the marketing of similar products, the French decision could revive debates on harmonized European regulations. By taking the initiative, Paris is positioning itself at the forefront of public health policies in the fight against new forms of nicotine consumption. With this structured response, France has therefore sought to demonstrate the legal soundness and health legitimacy of its project, while dismissing the idea of incompatibility with European Union law.

©Generation Without Tobacco

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[1] Press release, Nicotine pouches: ACT calls for urgent ban to protect young people, published September 1, 2025, accessed September 2, 2025