EU faces split over tougher nicotine product rules as member states clash

The European Commission’s upcoming overhaul of the EU’s tobacco-product framework aims to close gaps left by the growth of electronic cigarettes and nicotine-pouch products. A coalition of eight countries - the Netherlands, Belgium, Finland, France, Hungary, Latvia, Slovenia and Spain - addressed health commissioner Olíver Várhelyi with a joint letter calling for a dramatically stricter regime, including tight nicotine-content limits, a blanket ban on flavored products, standardized packaging, prohibition of disposable e-cigarettes and a ban on cross-border online sales, citing the need to reduce youth appeal.

Conversely, an opposing group centered on Italy and recently expanded to include Bulgaria, Greece, Lithuania, Slovakia and the Czech Republic submitted a confidential briefing to the Commission, insisting that any legislative shift must be grounded in comprehensive impact studies, scientific data and the EU principles of proportionality and subsidiarity, and warning that uniform regulation could undermine market competitiveness, jobs and the internal market.

The two camps also differ on whether all nicotine products should be subject to the same rules or retain a differentiated approach. The dispute emerges as the EU grapples with broader economic stabilization and regulatory-burden concerns, with some member states previously calling for a freeze on new legislation or an “emergency brake” mechanism. The outcome will depend on the Commission’s ability to reconcile these divergent positions before the planned deadline for the TPD revision.