French Council of State Strikes Down Total Vape Ban in French Polynesia

Key Points

• The French Council of State annulled French Polynesia’s total vape ban;
• Local vape importers and distributors filed the legal challenge in September;
• Article 76 of the tobacco law was struck down;
• Vaping regulation will align with mainland French tobacco rules;
• Disposable vapes, certain flavours and advertising will be restricted.

2Firsts, 2025,25 – According to Radio 1, France’s highest administrative court, the Council of State, has ruled that Article 76 of French Polynesia’s tobacco law establishing a total ban on vaping products is illegal.

The provision, adopted in late August with the support of the Tavini majority, would have introduced a complete ban on vaping products in French Polynesia by 2027 and went beyond the scope of the original bill proposed by the French government.

Local importers and distributors of vaping products filed a legal challenge in September, specifically targeting Article 76. While these professionals had previously opposed certain aspects of the new tobacco law, they argued that banning vaping while cigarettes remained legal was unjustified. The court ultimately ruled in their favour and annulled the article.

The collective, which was initially supported by France’s employers’ organisation Medef before proceeding independently, has not yet commented publicly on the ruling. However, relief was reported among the affected businesses.

The partial annulment also allows the government to proceed with promulgating the law in the form originally defended by the executive. As a result, French Polynesia will not implement a total vape ban, but vaping regulation will be aligned with mainland French tobacco legislation.

Under the revised framework, vape retailers will be required to hold licences and will be prohibited from selling to minors. Disposable e-cigarettes will be banned, along with certain flavours deemed attractive to young people and products with excessively high nicotine content. Advertising of vaping products will largely be prohibited, and their use in public spaces will be restricted.

Image source: Radio 1