By Timothy S. Donahue
Top Takeaways:
- France’s top administrative court is reining in overreach, blocking tobacco and nicotine measures that exceed legal authority or lack proper transition periods.
- The nicotine pouch suspension does not reopen the market, as sales remain banned under existing public health law.
- French Polynesia’s total vape ban was annulled, but strict regulation will still apply, aligned with mainland French rules.
France’s highest administrative court, the Council of State, has issued two recent rulings that narrow the scope of proposed bans on nicotine pouches and vaping products, underscoring judicial scrutiny of tobacco control measures that exceed existing legal authority.
In mainland France, the Council of State has suspended a government decree that would have banned the manufacture, production, and export of nicotine pouches from April 2026, pending a full review of the merits. The ruling followed a legal challenge by EVLB Group, a manufacturer of nicotine-based products, which argued that the decree violated European Union free-trade rules and failed to give companies sufficient time to reorganize their operations.
The court agreed that the transition period was inadequate, concluding that manufacturers should have been granted until at least the end of June 2026 to adjust production. Accordingly, it suspended enforcement of the decree under emergency proceedings, with a final decision on its legality expected by June 2026.
The judges stressed, however, that the ruling does not change current retail conditions, noting that the commercial sale of nicotine pouches is already prohibited in France under the Public Health Code outside a pharmaceutical framework. France’s Health Ministry said it had taken note of the suspension and emphasized that the ban on marketing and possession of nicotine pouches remains in force for now.
Industry representatives welcomed the pause, calling it an opportunity for a more thorough and legally sound evaluation of the products, while anti-smoking groups have continued to press for stronger restrictions, particularly to address youth use.
In a separate but closely watched decision, the Council of State also struck down a proposed total ban on vaping products in French Polynesia, ruling that the measure exceeded the scope of the legislation originally submitted by the French government.
Known as Article 76 of French Polynesia’s tobacco law and adopted in late August, the provision would have imposed a complete ban on vaping products by 2027. In September, local importers and distributors challenged the article, arguing that banning vaping while cigarettes remained legal was disproportionate and unjustified.
The court ruled in their favor, annulling Article 76 on procedural grounds after finding that the amendment exceeded what had been authorized during the legislative process. The decision clears the way for the broader tobacco law to be promulgated without the total vape ban.
As a result, French Polynesia will align its vaping regulations with those of mainland France rather than introduce a blanket prohibition. Under the revised framework, vape retailers will be required to hold licenses, sales to minors will be banned, disposable e-cigarettes will be prohibited, and restrictions will be imposed on flavors deemed attractive to young people and on products with high nicotine content. Advertising will be largely banned, and use in public spaces will be restricted.
Although the two rulings concern different products and jurisdictions, legal observers say they reflect a consistent approach by the Council of State: upholding public-health regulations while curbing measures that lack sufficient legal basis or proportionality.
Neither decision weakens existing prohibitions on the sale of nicotine pouches in mainland France or youth-focused vaping restrictions in French Polynesia. Instead, the rulings reinforce that new tobacco and nicotine controls must comply with national law, EU obligations, and established legislative procedures.
