France’s Top Administrative Court Suspends Nicotine Pouch Decree

Key Points

• France’s Council of State suspended enforcement of a nicotine pouch decree;
• The decree targeted manufacturing, production and export;
• It was scheduled to take effect on April 1, 2026;
• The court cited insufficient adjustment time for companies;
• A ruling on the merits is expected by June 2026.

2Firsts, December 2025，23 – According to AFP, France’s Council of State has suspended a government decree that was due to ban the manufacture, production and export of nicotine pouches starting in April 2026.

In its ruling, the Council stated that enforcement of the decree is suspended insofar as it prohibits the manufacture, production and export of oral nicotine products. It added that the commercial sale of such products is already prohibited under other legal provisions.

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

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

The EVLB group, which manufactures nicotine-based products, challenged the decree before the Council of State, arguing that it violated European Union free trade rules and that the timeline did not allow sufficient time to reorganise production.

While not ruling on the substance of the decree, the Council of State agreed that companies should have been granted until the end of June to relocate production. As a result, the court suspended the decree in its entirety under emergency proceedings and said it would rule on the merits by June 2026.

The Council also noted that the sale of nicotine pouches is already prohibited under the Public Health Code, except within a pharmaceutical framework, meaning the suspension does not change the current situation regarding their sale.

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

Serdar Kaya, president of the Confederation of Tobacco Retailers, said it was positive that the Council of State was taking the time to examine nicotine pouches scientifically, unlike what he described as the government’s rushed decision.

Image source: Agence France-Presse (AFP)