EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections

Jul.13
EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
An analysis by We Are Innovation says more than 90% of over 82,000 responses to the European Commission’s public consultation on the Tobacco Products Directive revision raised at least one substantial objection to the proposed regulatory direction.

Key Points

  • The EU public consultation on the TPD revision received more than 82,000 responses.
  • We Are Innovation said more than 90% raised at least one substantial objection.
  • Around 2% of responses openly supported a more restrictive approach, according to the analysis.
  • Tobacco retailers urged policymakers to strengthen legal retail networks.
  • Smoke Free Partnership said evidence quality matters more than response volume.

2Firsts

July 10, 2026

The European Commission’s public consultation on the revision of the Tobacco Products Directive received more than 82,000 responses, Eunews reported.

An analysis by We Are Innovation said more than 90% of the responses raised at least one substantial objection to the regulatory approach proposed by Brussels.

We Are Innovation said its report, titled “The TPD Revision and Europe’s Innovation Economy: A Review of the Evidence,” examined the full body of consultation responses and classified them by content and position.

Analysis Says Objections Were Broad-Based

According to We Are Innovation, only around 2% of responses openly supported a more restrictive approach.

The group said the criticism did not appear to come from a single interest group. Its analysis found objections in 96% of responses from academic and research communities, 94% of responses from businesses, NGOs and other organisations, and 93% of responses from members of the public.

We Are Innovation Chief Executive Federico Fernández said the scale and consistency of the response indicated broad concern. He said risk differentiation should form the basis of the future regulatory framework.

Retailers Call for Stronger Legal Channels

The European Confederation of Tobacco Retailers, or CEDT, also took part in the consultation. The group represents more than 140,000 small family-run businesses and specialist retailers in eight EU member states.

CEDT President Miguel Ángel Martínez said effective regulation should not weaken the legal local retail network, but recognise and strengthen it as an institutional partner in achieving EU objectives related to control, prevention and public safety.

Retailers expressed concern that overly restrictive measures could create room for the illegal market and reduce authorities’ ability to monitor it.

OLAF Says Illicit Trade Remains a Threat

The report also highlighted illicit trade as a central issue in EU tobacco policy.

The European Anti-Fraud Office, or OLAF, recently coordinated with authorities in Spain, Poland, Portugal, Lithuania and Europol in an operation targeting two international organisations involved in the production and distribution of counterfeit tobacco products.

The operation seized more than 20 million cigarettes and 38.4 tonnes of manufactured tobacco and tobacco leaves, with an estimated value of more than €10 million. OLAF Director-General Petr Klement said counterfeit cigarettes harm health, deprive taxpayers of revenue and fund organised crime.

Smoke Free Partnership Emphasises Evidence Quality

Smoke Free Partnership offered a different view of the consultation results.

The organisation said public consultations are an essential part of the EU legislative process and citizens must be able to express their views. However, it said consultations should inform policy, not determine it based on the volume of responses received.

The group said policymakers should assess the quality, independence, transparency and scientific rigour of the evidence submitted, while also considering potential conflicts of interest involving the tobacco industry.

Industry Impact and Outlook

The consultation response shows that the EU’s tobacco and nicotine product reform remains contested across public health, retail, innovation and industry groups.

For companies in e-cigarettes, heated tobacco and other non-combustible nicotine products, whether risk differentiation is reflected in the future framework will be a central issue. A more uniform restrictive approach could raise compliance costs and narrow the space for product communication, flavour rules, packaging and retail practices.

Retail channels are also central to the debate. Groups such as CEDT argue that legal retailers play a role in age checks, traceability and combating illicit trade. Public health groups, meanwhile, are pressing for stronger scrutiny of evidence quality and industry influence.

The consultation responses are only one part of the TPD revision process. How the European Commission weighs public feedback, scientific evidence, member state positions and public health objectives will shape the next stage of EU tobacco and nicotine regulation.

Follow 2Firsts for the latest updates on global tobacco harm reduction, nicotine products and regulatory developments.

Cover Image source: Eunews


Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
According to SGST on August 26, 2026, Australia’s Coalition Illegal Tobacco Taskforce released a report recommending an up to 80% cut in tobacco excise to reduce the appeal of the illicit tobacco market. The report claimed organised crime groups now control about 80% of Australia’s tobacco market and argued that high excise rates have widened the price gap between legal and illegal products. The recommendation remains a policy proposal and has not been adopted by the Australian government, which said its focus remains on enforcement, compliance and additional resources.
Aug.27
Philippines Weighs Unified Vape Tax as Lawmakers Back Risk-Based Rates and Government Seeks to Fill ₱66 Billion Revenue Gap
Philippines Weighs Unified Vape Tax as Lawmakers Back Risk-Based Rates and Government Seeks to Fill ₱66 Billion Revenue Gap
Philippine lawmakers are considering an overhaul of the country's vape excise-tax regime to eliminate the wide gap between taxes on nicotine salt and freebase nicotine liquids and reduce incentives for misdeclaration. House Bill 5364, filed by Rep. Rufus Rodriguez and Rep. Maximo Rodriguez Jr., would impose a unified ₱10-per-milliliter tax on vapor products, with 5% annual increases beginning in 2027. Rodriguez says the proposal could generate an average ₱6 billion in annual collections from 2027 through 2030. The debate comes as the Philippine government considers tobacco, vape and other health-tax reforms to help offset around ₱66 billion in revenue expected to be forgone under a proposed tax-relief package.
Aug.18
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello said legal tobacco sales in the country have fallen by more than half over the past decade, with sales declining more than 20% in 2025 compared with the previous year. She warned that the decline may not fully reflect lower smoking rates, as increased availability of illicit cigarettes could also be contributing. The government said it would continue strengthening tobacco and vape retail enforcement while monitoring the impact of illicit tobacco on public health and tax revenue.
Aug.26
U.S. Ninth Circuit Upholds FDA Denial of MH Global’s Flavored Vape PMTA Applications
U.S. Ninth Circuit Upholds FDA Denial of MH Global’s Flavored Vape PMTA Applications
The U.S. Court of Appeals for the Ninth Circuit upheld the FDA’s denial of MH Global LLC’s applications to market flavored electronic nicotine delivery systems (ENDS). The court ruled that FDA’s comparative-efficacy framework, which requires applicants to show that flavored products provide greater cessation or switching benefits than tobacco-flavored alternatives, is consistent with the Tobacco Control Act’s “appropriate for the protection of the public health” standard. The court also found that FDA was not required to establish the framework through notice-and-comment rulemaking.
Aug.26
Trump Names Darrell Scott as CDC Tobacco Health Adviser, Citing Tobacco Risks and Harm-Reduction Solutions
Trump Names Darrell Scott as CDC Tobacco Health Adviser, Citing Tobacco Risks and Harm-Reduction Solutions
U.S. President Donald Trump has named Pastor Darrell Scott to serve as an adviser on tobacco health issues on the Centers for Disease Control and Prevention’s Advisory Committee to the Director. Trump said Scott would focus on the burden of tobacco-related disease and help examine ways to protect Americans from dangerous tobacco products while supporting solutions that reduce harm. Scott’s public career has largely centered on faith leadership, community advocacy and politics.
Sep.02
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore and four authorized U.S. CCELL distributors are asking a California federal court to permanently dismiss a core antitrust claim brought by direct purchasers. Plaintiffs allege that Smoore coordinated minimum wholesale prices, customer allocation and limits on price competition among distributors, amounting to a per se unlawful horizontal conspiracy. The defendants say the alleged conduct reflects ordinary vertical relationships between a manufacturer and its distributors. The court previously dismissed a similar claim, and the latest dispute centers on whether the second amended complaint adds sufficient facts to establish a horizontal agreement.
Sep.14