Eu'S Persistent Vape Ban And Nicotine Pouch Restrictions

EU’s Persistent Vape Ban and Nicotine Pouch Restrictions Threaten 2030 Smokefree Goal

With Belgium and France introducing nationwide disposable vape and nicotine pouch restrictions, more countries are advancing their proposed regulations. Meanwhile, the EU continues to overlook scientific evidence that supports vaping as a vital smoking cessation aid and harm reduction method.

Denmark to Implement Nicotine Pouch Restrictions

Denmark
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Beginning in July 2025 and to be fully enacted by April 2026, the Danish government plans to impose stringent restrictions on nicotine pouches, restricting their nicotine level at 9mg per pouch.

Patrik Strömer, Secretary General of the Association of Swedish Snus Manufacturers criticised the proposed nicotine pouch restriction: “Sweden already has a legally regulated product and lower smoking than Denmark. Why not propose rules inspired by Swedish regulations? It’s a misguided proposal that hurts public health.

“It would be better if countries like Denmark stopped tossing around proposals and instead strive for a common regulatory framework for the entire EU based on what we have in Sweden – the country that’s demonstrated the most success when it comes to effective regulation of nicotine products.”

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Sophie løhde

At the time of announcing the nicotine pouch restrictions, Minister of the Interior and Health, Sophie Løhde said:

“Nicotine pouches have become popular among children and young people in the last few years, as they can get hold of pouches with high concentrations of nicotine, which can make them addicted. They are particularly sensitive to nicotine and are more vulnerable because their brains are not fully developed. We therefore also have a special responsibility to protect children and young people from the harmful effects of nicotine products, and we are now setting a limit on how much nicotine can be in nicotine pouches, while also banning nicotine products with sweet flavours that appeal to children and the very young.”

The Tholos Foundation, IPSOS and HBS Economics published ground-breaking research outlining the dangers of the proposed Danish legislation that would cap the amount of nicotine in nicotine pouches.
Key findings from the study, titled ‘Progressive Regulation for Nicotine Pouches: The Potential Impact of a New Nicotine Limit in Denmark’, found that of those who now use nicotine pouches, half (50%) would looks for alternative ways to access them such as online or across the border of other EU countries and one in five users said that they might return to smoking.

Tholos
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Additionally, three quarters of users originally chose nicotine pouches due to health related concerns, primarily to reduce or quit smoking, with one third of the respondents recognising nicotine pouches as a safer alternative to cigarettes. A vast majority (over 80%) of respondents concurred that nicotine pouches could assist in reducing smoking rates and that the government should support and encourage less harmful smoking cessation methods.

“These findings underscore the potential for significant consequences in terms of public health. The proposed nicotine limit in nicotine pouches risks reversing hard-won progress in reducing smoking while creating new challenges, including black market growth and substantial economic losses.”

Tim Andrews, Director of Consumer Issues at Tholos Foundation

Public health expert and former director of Action on Smoking and Health, Clive Bates, wrote a letter addressed to the Danish government.
Summarising his concerns, Bates said: “If the measure aims to protect young people, it will fail. The limit will not affect youth uptake, as most youth would use less nicotine than 9mg to begin with. It will, however, harm adults who smoke and require more nicotine in more potent formats to successfully switch.”

Clive Bates
Clive bates

He argues that some young people who would otherwise smoke or vape could benefit from switching to nicotine pouches, as this would improve their health and reduce reliance on traditional smoking or vaping. Additionally, young people could see indirect health benefits when significant adults in their lives, such as parents, switch to pouches.

However, Bates warns that the proposed 9mg limit per pouch could lead to unintended consequences, such as users reverting to smoking. The nicotine pouch restrictions could also push consumers to illegally source these products from informal suppliers or criminal networks, introducing unregulated products that could be harmful, further complicating public health issues.

Bates suggests that a more reasonable approach would be to set a high limit, such as 15-20mg per pouch, to avoid these adverse behaviours while ensuring that products meet quality standards to protect consumers. He emphasises that setting overly restrictive limits prematurely could drive consumers to unsafe alternatives and illegal markets.

Finland Ban Nicotine Pouch Flavours

Finland
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In April 2023, the Finnish Medicines Agency (Fimea) revised its classification of nicotine pouches, no longer considering them medicinal products unless specifically marketed for medicinal purposes. The original version of the bill had included additional flavours such as tea, ginger, rosemary, and wood, alongside menthol and mint. However, following allegations that a local nicotine pouch manufacturer had used government connections to promote its own product range, as it was the sole producer of these additional permitted flavours, the proposal was abandoned.

This change shifted their regulation under the Tobacco Act and Chemicals Act, granting the government authority to impose stricter controls on their sale, marketing, and distribution.

In 2025, the Finnish Ministry of Health proposed a revised version of the Tobacco Act, aiming to tighten regulations on nicotine pouches amid rising concerns over youth access and public health.
The proposed legislation includes measures such as:

  • Limiting permissible flavours to menthol and mint, thereby banning all other flavours
  • Capping nicotine content at 16.6mg per pouch
  • Prohibiting sales to minors both online and in retail outlets
  • Mandating standardised packaging with health warnings, aligning with regulations for traditional tobacco products.

These measures aim to regulate nicotine pouches similarly to traditional tobacco products, reflecting Finland’s ongoing efforts to reduce nicotine consumption and protect public health.

In 2025, Finland’s Parliament is expected to pass legislation imposing these nicotine pouch restrictions. Following the enactment of these regulations, a six-month ‘grace period’ will allow manufacturers and retailers to adjust their products to comply with the new nicotine content limits. An additional one-year grace period will be provided for implementing the new packaging requirements.

Considerate Pouchers Logo
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Considerate Pouchers, a global advocacy platform representing nicotine pouch users, dedicated to protecting the availability of these safer alternatives to smoking and promoting evidence-based regulation to reduce smoking-related harm, raised their concerns about Finland’s proposed legislation restricting nicotine pouches.

They argue that such restrictions could reduce consumer choice and harm reduction opportunities, highlighting that a survey from the Finnish Grocery Trade Association (PTY) found that 86% of nicotine pouch users transitioned from smoking, vaping or snus, with berry, fruit, menthol and mint flavours being the most popular options. They warn that the proposed nicotine pouch restrictions could drive consumers toward unregulated markets as a “one-size-fits-all-approach could fail to meet the needs”, thus potentially losing Finland valuable tax revenue.
Kai Luoto, CEO of the Finnish Commerce Federation, estimated that regulated nicotine pouch sales could generate up to €150 million annually from tax revenue.

The group is advocating for a balanced approach that allows a variety of flavours and strength for consumer choice while ensuring safety and preventing underage use.

Bulgaria to Implement a Blanket Ban on Vapes

Bulgaria
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On February 12th, members of the Bulgarian Parliament approved a comprehensive ban on the offer, sale, distribution, and advertising of both single-use and reusable e-cigarettes, regardless of whether they contain nicotine. The decision was made unanimously, with 197 votes in favour, and encompasses all vapes and devices resembling them.

The proposed ban appears to be driven by a rapidly escalating moral panic surrounding vapes that contain cannabinoids (and potentially other intoxicants), which is said to have contributed to the death of a 14 year old in Pleven in January.

The draft law was introduced by MP Kostadin Angelov and the parliamentary group of GERB (Citizens for European Development of Bulgaria), receiving support from Minister of Social Affairs, Borislav Gutsanov. Angelov highlighted that, despite existing regulations in the Child Protection Act, which prohibit the supply, sale, and the use of tobacco-related products, including vapes, to minors, these measures have not been fully effective. Many children and adolescents continue to access e-cigarettes illegally, both in retail stores and online, undermining the law.

Ieva
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European trade body, the Independent European Vape Alliance (IEVA), strongly opposes Bulgaria’s proposed bill to ban vaping products, highlighting significant risks to public health, the economy, and the vaping industry. IEVA argues that banning vaping could lead to increased smoking rates, particularly in a country with the highest smoking rate in Europe, and would undermine smoking cessation efforts. The ban could also harm Bulgarian businesses, resulting in job losses and financial damage, while strengthening the tobacco industry’s position.

Additionally, the measure may encourage the growth of an unsafe black market. IEVA contends that the ban is disproportionate, unjustified under EU law, and fails to protect consumers from illegal drug-containing vapes, which are already prohibited. The alliance urges the government to reconsider the ban and explore alternative, less harmful measures.

The World Vapers’ Alliance (WVA) has strongly condemned the Bulgarian Parliament’s decision to impose a blanket ban on vaping products. They argue that this misguided move threatens public health and disregards scientific evidence that supports vaping as a less harmful alternative to smoking.

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Michael landl

Michael Landl, Director of the WVA, expressed his concerns, stating: “The Bulgarian government’s decision to ban vaping is a huge setback in the fight against smoking-related deaths. With one of the highest smoking rates in the EU, Bulgaria should be embracing harm reduction tools, not banning them.”

The WVA stresses that vaping has proven to be an effective smoking cessation aid and warns that this ban will push adult vapers back to smoking or the black market, overlooking the potential of vaping to significantly reduce Bulgaria’s high smoking rates.
Landl further emphasised, “This ban will have devastating consequences for public health in Bulgaria. It’s simply crazy that in a country where smoking kills thousands annually, the government would remove a proven harm reduction tool.”

The WVA urges the Bulgarian government to reject this bill in the upcoming parliamentary process and instead adopt evidence-based policies that support smokers in quitting, rather than eliminating access to safer alternatives.

Threat to Public Health

In February, during a parliamentary hearing, EU Tax Commissioner Wopke Hoekstra made an alarmingly false claim against vaping.

Responding to MEP Pierre Pimpie in regards to the “future directive on excise taxes for tobacco manufacturers”, Hoekstra said:

“We’re not doing a good enough job in terms of fighting for the health of our citizens. 700,000 Europeans die each year, because of tobacco. That is the reality, smoking kills, vaping kills.

“It smells and tastes like strawberries, it can’t be harmful can it? Well actually it is, it kills. My view is that we need to do more, given that it is highly addictive, it is actually structured to be addictive.”

He used this argument to support the implementation of higher taxes on e-cigarettes and vape flavours.

“What I intend to do is make sure that we increase again the hurdle of taxation across member states and we expand the scope and we go beyond the classic cigarettes, simply because the supply has gone beyond the classic scope.”

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Alberto gómez hernández

The World Vapers’ Alliance (WVA) strongly denounces Hoekstra’s claim. Alberto Gómez Hernández, Policy Manager of the WVA said:

“This is a dangerous and irresponsible statement from an EU Official who should be basing his policies on facts, not fear-mongering. This science is clear: vaping is at least 95% less harmful than smoking and is the most effective tool we have to help smokers quit.

“Equating vaping with smoking is not only misleading but also risks deterring smokers from switching to a far less harmful alternative.”

It’s been proven that flavours are vital in assisting smokers to quit, with research from the Department of Health Policy and Management at the Yale School of Public Health, showing a 230% higher success rate for those who use them.

He continued, “flavours are not a marketing ploy to attract youth but a vital component in encouraging adult smokers to switch to less harmful alternatives. Higher taxes on flavours would make it significantly harder for many vapers to stay away from combustible tobacco, potentially leading to higher smoking rates.

“If the EU is serious about reducing smoking rates, it must promote harm reduction strategies that include vaping. Spreading misinformation and imposing prohibitive taxes will only serve to protect the cigarette industry at the expense of public health.”

ETHRA’s Letter to the Commissoner

In response to Hoekstra’s comments, the European Tobacco Harm Reduction Advocates (ETHRA), representing 27 million European consumers of safer nicotine products (SNPs), sent a letter to all SANT Committee members.

The ETHRA asserts that the claim in which Hoekstra, equated the risks of smoking to those of nicotine vaping, is not supported by scientific evidence, with numerous studies demonstrating that non-combustible nicotine products, such as vapes, are significantly safer than traditional cigarettes and help reduce harm.

They also criticised Commissioner Hoekstra’s assertion that vape flavours, like strawberry and banana, are aimed at enticing young people towards these products. They argued that these flavours were developed by consumers to provide a safer alternative for adults, and that flavour restrictions can unintentionally increase smoking rates, particularly among young people.

With the European Union’s goal of achieving a tobacco-free Europe by 2040, ETHRA emphasises that policies discouraging safer alternatives to smoking could hinder progress. They stress that regulatory measures that increase the cost or restrict access to safer alternatives could lead to negative outcomes, such as increased smoking or the rise of illicit trade.

Regarding the revision of the Tobacco Excise Directive, ETHRA advocates for a tax system that reflects the lower health risks of nicotine products and encourages the use of harm-reducing alternatives. They urge Commissioner Hoekstra to base policy decisions on scientific evidence rather than unverified claims and highlight the success of vaping and other SNPs in providing a healthier alternative to smoking.

Ethra
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Misinformation like this can hinder the progress of smoking cessation efforts, increase the circulation of illicit vapes and place risk on smoke-free goals.

A Freedom of Information (FOI) request from 108 local councils highlighted the growing black market for illegal vapes. In 2024, over £9 million worth of illicit vapes were confiscated by UK authorities – a 44% increase from the previous year. Since 2020, illegal vape seizures have totalled £21 million however, enforcement has been inconsistent, with just one in ten offenders receiving fines or penalties.

According to the FOI report, over a third of all UK vape seizures took place in Essex County Council, and at Heathrow and Glasgow airports. In 2024, fines for illegal vape sales amounted to just £48,062 – down £20,000 from the previous year. Meanwhile, the number of shop closures due to illegal vape sales doubled, reaching 108.

Another survey found that just 25% of local UK authorities are on track to meet the government’s SmokeFree 2030 goal. Areas like Bromsgrove, Adur, and Richmond-upon-Thames are expected to achieve smokefree status by 2025, joining early achievers such as St. Albans and South Staffordshire.

However, major cities including Edinburgh and Manchester are projected to miss the 2030 goal, with estimates pushing their smokefree status to 2032. More strikingly, Blackpool and Nottingham are each 24 years behind, while Birmingham is facing a staggering 43-year delay – underscoring the urgent need for more effective action.

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