Tobacco and nicotine advertising: the European Union must close its loopholes

A study[1] published in May 2025 in Tobacco Prevention & Cessation, as part of the European Joint Action on Tobacco Control 2 (JATC2) project, warns of persistent gaps in the regulation of advertising, promotion, and sponsorship of tobacco and nicotine products (TAPS) in the European Union. Despite existing legislation, the tobacco industry continues to circumvent and exploit gray areas, particularly in digital environments, points of sale, and entertainment content. In light of this situation, the authors make strong recommendations for a comprehensive and harmonized ban on advertising in all Member States.

This study is based on an online consultation conducted between May and June 2023 with European experts from 21 EU Member States, as part of Work Package 8 (WP8) of the JATC2 project. A total of 77 experts were contacted, and 38 completed the full questionnaire. These participants came mainly from public health organizations (66 %), but also from universities, NGOs, and regulatory agencies. All were involved in public policy, research, monitoring, and/or prevention related to tobacco and nicotine.

New products and devices: regulatory blind spots

The study highlights growing concern among European experts about regulatory gaps in the face of the rapid emergence of new nicotine products. While legislation has gradually integrated e-cigarettes into European regulatory frameworks, other products—such as nicotine pouches, heated tobacco devices, and synthetically formulated refills—still fall outside the scope of existing laws. These products, often presented as supposedly "less harmful" alternatives, are promoted with pseudoscientific language and particularly aggressive marketing.

According to the consultation results, half of the experts consider vaping devices to be the main blind spot in regulatory policies today. Nicotine pouches, which are growing rapidly in several European markets, are also considered problematic by 45% of respondents. This finding is all the more worrying given that these products are frequently sold in the same channels as traditional cigarettes, with attractive product presentation, sweet or fruity flavors, and colorful packaging reminiscent of confectionery or cosmetics.

The legal uncertainty surrounding these products is due to several factors. On the one hand, many countries do not formally recognize them as tobacco products, which places them outside advertising bans, taxation, or sales controls. On the other hand, the lack of clear definitions in European texts on what constitutes a nicotine device or a related product allows the industry to innovate faster than regulations, exploiting these gray areas to launch hybrid products on the market that are difficult to categorize.

Experts also note that the notion of "consumer product" is frequently used by manufacturers to avoid compliance with health regulations. By labeling their devices as simple accessories, electronic gadgets, or wellness products, manufacturers circumvent labeling requirements, health warnings, and flavor restrictions. This ambiguity is particularly visible in communication campaigns surrounding certain new-generation devices, often disseminated via influencers or streaming platforms.

Furthermore, rapid technological developments are driving the proliferation of connected devices, whether rechargeable or disposable, which are constantly evolving in format, power, and dosage. These constant transformations make the action of public authorities complex, due to the lack of sufficiently flexible and up-to-date legal tools to keep pace with industrial innovation. Added to this is the cross-border circulation of products, sometimes manufactured outside the EU, imported and distributed without declaration or traceability, thus escaping any control.

Digital media and social networks: inadequate regulation

One of the study's most unanimous findings concerns the worrying delay in regulations in the face of the explosion of online marketing of tobacco and nicotine products. According to the experts consulted, social networks and other digital platforms currently represent the main space for young people's exposure to direct or indirect advertising for these products. However, these channels still too often escape traditional control mechanisms. Current regulations, initially designed for traditional media such as the press, television, and radio, often only partially cover digital media, whose technical and cross-border specificities complicate legal frameworks.

More than 90 % experts surveyed believe that the shortcomings of social media and online advertising are a major problem. The tobacco industry deploys highly targeted marketing campaigns using the codes of digital culture: aesthetic content, influencers, short formats, viral hashtags, and the staging of products in festive or aspirational settings. This content, often subtle and not identified as advertising, escapes any transparency and is not reported to platform moderators. This makes it extremely difficult for public authorities and other regulatory bodies to identify and remove it.

Another major issue raised by experts is the cross-border nature of digital technology. Much content is produced abroad, hosted on servers outside the European Union, or published by accounts outside national jurisdictions. This legal fragmentation prevents any coherent response and makes it particularly difficult to enforce existing prohibitions.

Influencers play a central role in this system. Whether paid or not, they participate in the dissemination of content normalizing the use of e-cigarettes, nicotine pouches, or even more recent devices. The study highlights that many posts resemble idealized scenes of daily life, where the products are integrated as empowering accessories. The message conveyed is rarely explicit, but relies on a lifestyle aesthetic that makes this content particularly effective with a teenage or young adult audience. The lack of labeling for sponsored content, the use of local micro-influencers, and the use of poorly moderated platforms accentuate this opacity.

Additionally, some platforms are exempt from the European Audiovisual Media Services Directive (AVMSD), particularly when they do not define themselves as audiovisual communication services. This creates inconsistency in the obligations applicable to different types of content and broadcasters. Furthermore, recommendation algorithms favor the visibility of the most engaging content—often the most visual, provocative, or festive—which frequently includes implicit or explicit references to nicotine products.

Experts also point to the lack of cooperation between major platforms and health authorities. Internal moderation policies remain insufficient, sometimes inconsistent, and do not allow for the rapid removal of illegal content. The absence of clear legal obligations prevents the implementation of effective filters, particularly in terms of age verification, banning promotional accounts, or transparency regarding targeted advertising. Some accounts linked to nicotine brands are continuously active, particularly on TikTok, Instagram, and Snapchat, without being detected or deleted.

Point-of-sale marketing: ever-active commercial pressure

Despite the ban on many forms of direct advertising, points of sale remain preferred channels for the tobacco and nicotine industries to promote their products. The study highlights that in a majority of European countries, cigarettes, vaping products, and nicotine-based devices remain visible and accessible in stores, particularly through colorful displays, branded furniture, or illuminated windows, which particularly attract the attention of young people. This constant visibility, combined with the widespread availability of the product in everyday places (tobacco shops, convenience stores, gas stations), helps maintain a high level of social acceptability of consumption.

In addition to the physical display of products, the experts consulted note the persistence of promotional practices in points of sale, such as "two for the price of one" offers, one-off discounts, the distribution of free samples, or even associated promotional items (lighters, bags, cases). These strategies, although prohibited in many countries, are still tolerated or insufficiently controlled in practice. The provision of tobacco or nicotine products freely available or in vending machines without age control also constitutes a critical flaw.

The study draws particular attention to the commercial agreements between manufacturers and retailers. These often opaque contracts allow the industry to impose conditions for product promotion on shelves: strategic placement, increased visibility, inventory rotation, and even exclusivity for certain brands. In exchange, retailers receive incentives, additional discounts, or financial bonuses. This type of partnership, widely documented in scientific publications, gives the industry direct control over the retail environment, to the detriment of public health objectives.

The density of points of sale and their location are also problematic. In some countries, tobacco outlets are numerous and located in close proximity to schools, universities, or places frequented by young people. This increased accessibility increases exposure and early initiation, particularly in working-class neighborhoods or peri-urban areas. The study therefore advocates for a proactive reduction in the number of points of sale, through the introduction of licenses issued under strict conditions, and the banning of sales in certain sensitive locations such as schools, sports venues, healthcare facilities, or cultural events.

Finally, experts point out that vending machines—dispensers of cigarettes, e-cigarette refills, or nicotine pouches—still too often escape regulation, particularly with regard to age control. In many cases, these machines are installed in unattended locations, thereby circumventing protections intended for minors.

Indirect strategies: sponsorship, CSR and covert marketing

The study highlights the growing sophistication of indirect strategies used by the tobacco industry to circumvent explicit advertising bans. Sponsorship of cultural, sporting, or musical events remains widespread, particularly in countries with less stringent legislation or when the events take place outside the European Union but are broadcast within its borders. These events allow the industry to continue exposing its brands and products to an often young audience, without resorting to formal advertising channels. The use of product placement at festivals or concerts, sometimes accompanied by free distribution or entertainment stands, helps maintain the high social visibility of tobacco and nicotine products.

Corporate social responsibility (CSR) initiatives represent another widely used channel of influence. By funding environmental, sports, or educational initiatives, tobacco manufacturers seek to improve their image and position themselves as actors committed to the public interest. These initiatives, often relayed through local media or social networks, allow the industry to maintain goodwill among the general public and exert discreet influence over political decision-makers, in complete contradiction with public health objectives. This type of indirect promotion, although disguised under laudable intentions, constitutes a pernicious form of brand communication.

Finally, the study highlights the growing use of "brand stretching," which involves applying tobacco brands to other unregulated products: beverages, confectionery, clothing, and everyday items. This strategy aims to maintain the appeal of the brand universe among young consumers while avoiding tobacco product legislation. The fun or trendy aspect of these derivative products maintains the positive association with the brand and can encourage people to start smoking.

These practices, largely invisible to traditional monitoring and regulatory agencies, allow the industry to maintain a presence in the public and cultural sphere while circumventing existing legal mechanisms. The study calls for broadening the scope of prohibitions to these forms of indirect communication and strengthening the capacity of Member States to detect and sanction them.

The French case: strict but circumvented regulations

In France, the legal framework governing advertising for tobacco and vaping products is among the strictest in Europe. Advertising, promotion, and sponsorship for tobacco, including heated tobacco devices, are completely prohibited. Regarding vaping, the regulations remain highly regulated, severely limiting the possibilities for commercial communication. Despite these stringent regulations, circumvention practices remain numerous, particularly at points of sale. The National Committee Against Tobacco (CNCT) notes a sustained presence of advertising for vaping devices, heated tobacco, and new nicotine products. This presence is manifested through attractive promotional offers, the distribution of samples, and even the presence of sales representatives in stores, who offer customers the opportunity to test the products directly on site, despite the restrictions in force.

On the digital front, the situation is also worrying. As part of its observatories[2], the CNCT notes intense advertising activity on social networks, particularly on the META group platforms (Instagram and Facebook), where several dozen manufacturers of vaping devices or nicotine pouches actively promote their products. More recently, the CNCT has observed an increase in content on TikTok promoting the synthetic molecule 6-methyl-nicotine[3], misleadingly presented by some influencers as a safe substitute for traditional nicotine. These practices constitute a clear violation of the spirit of the law, while exploiting regulatory blind spots in the digital domain.

The CNCT warns that the tobacco industry is identifying and exploiting every regulatory loophole to continue marketing its products and recruiting new consumers, particularly among young people. This adaptability requires constant vigilance and strengthened cooperation between public regulatory authorities, digital platforms, and civil society to anticipate and counter these influence strategies.

Towards an ambitious overhaul of advertising regulations

Banning online sales is also considered essential to prevent the uncontrolled spread of prohibited products, particularly oral products such as pouches. The introduction of plain packaging for all nicotine products, reducing the availability of products in public spaces, issuing mandatory licenses for manufacturers, distributors, and retailers, and a strict ban on CSR activities or promotional items similar to tobacco products are also recommended.

At the same time, the experts call for the creation of a European monitoring and compliance tool for digital technology, the sharing of best practices between member states, and increased transparency regarding industry communications spending. The report also emphasizes the need for civil society involvement, the use of new technologies to monitor cross-border content, and the need for large-scale awareness campaigns.

Finally, monitoring and enforcement mechanisms appear largely inadequate. Several countries lack the human, technical, or legal resources to ensure rigorous monitoring of violations. Procedures are sometimes lengthy, costly, and limited by the industry's ability to respond legally.

In the absence of an ambitious and coordinated response, the tobacco industry will continue to adapt to continue influencing behavior, particularly among young people. Adapted regulations based on European cooperation appear essential to achieve the public health objectives set by European institutions, particularly that of a tobacco-free generation, the authors agree.

©Generation Without Tobacco

AE

[1]  Koprivnikar H, Carnicer-Pont D, López AM, et al. Recommendations for updating regulations on advertising, promotion and sponsorship of tobacco and nicotine products in the European Union. Tobacco Prevention & Cessation. 2025;11(May):28. doi:10.18332/tpc/204275.

[2] Press release, Illegal advertising for tobacco and nicotine: the CNCT warns of a massive online circumvention strategy, CNCT, published February 25, 2025, consulted June 3, 2025

[3] Press release, The CNCT warns about the use of a new addictive molecule used by the tobacco industry: 6-Methyl-nicotine, CNCT, published May 26, 2025, accessed June 3, 2025