Top Takeaways:

• France’s Council of State suspended a decree banning the manufacture and export of nicotine pouches in April 2026.
• The court said that sales are already prohibited under existing law and remain unaffected by the ruling.
• A final decision on the ban’s legality is expected by June 2026.

France’s Council of State has suspended a government decree that was set to ban the manufacture, production, and export of nicotine pouches beginning in April 2026, according to Agence France-Presse.

In its decision, the Council of State said enforcement of the decree is suspended to the extent it prohibits the manufacture, production, and export of oral nicotine products. The court noted, however, that the commercial sale of such products is already prohibited under existing French law, and that the suspension does not change that status.

The decree, adopted by the French government in early September, sought to ban nicotine pouches, beads, and gums. Anti-smoking groups had welcomed the measure, citing increased use of nicotine pouches among adolescents.

The ban was scheduled to take effect on April 1, 2026, as part of a broader package of anti-tobacco measures that also includes a ban on disposable e-cigarettes and on smoking in all public spaces.

The legal challenge was brought by EVLB, a manufacturer of nicotine-based products. The company argued that the decree violated European Union free-trade rules and that the implementation timeline did not allow sufficient time to reorganize or relocate production.

Although the Council of State did not rule on the substance or legality of the ban, it agreed under emergency proceedings that manufacturers should have been granted additional time—at least until the end of June—to adapt their operations. On that basis, the court suspended the decree in its entirety and said it would rule on the merits of the case by June 2026.

The court also emphasized that, under France’s Public Health Code, the sale of nicotine pouches is already prohibited outside a pharmaceutical framework. As a result, the suspension does not alter the current legal status of the sale or possession of nicotine pouches in France.

France’s Ministry of Health told AFP it had taken note of the ruling and was awaiting the Council of State’s decision on the merits. The ministry added that the suspension does not affect the existing ban on the sale or possession of nicotine pouches.

Industry representatives welcomed the court’s decision to pause implementation. Serdar Kaya, president of the Confederation of Tobacco Retailers, said it was positive that the Council of State was taking time to examine nicotine pouches more thoroughly.

“It is good that the Council of State is taking the time to examine nicotine pouches scientifically,” Kaya told AFP, contrasting the court’s approach with what he described as a rushed government decision.

The ruling leaves France’s long-term policy on nicotine pouches unresolved until the Council of State issues its final judgment next year.