Italy Formally Submits Detailed Opinion to EU Obstructing Ireland's Disposable Vape Ban

Apr.10
Italy's Ministry of Enterprises and Made in Italy has submitted a detailed opinion against Ireland's proposed "Public Health (Single Use Vapes) Bill 2025." Italy argued that the comprehensive ban on disposable vapes lacks scientific evidence, violates the EU principle of the free movement of goods, and conflicts with the existing Tobacco Products Directive.

Key Takeaways

  •  According to a European Commission document, the standstill period for Ireland's bill banning disposable vapes has been formally extended to June 19, 2026.
  • Italy's Ministry of Enterprises and Made in Italy submitted a detailed opinion to the EU on March 19, 2026, opposing Ireland's "Public Health (Single Use Vapes) Bill 2025."
  • The Irish bill intends to prohibit the retail sale of disposable vaping devices nationwide, regardless of whether they contain nicotine.
  • Italy pointed out that Ireland's total ban constitutes a quantitative restriction, violating the Treaty on the Functioning of the European Union (TFEU) principle of free movement of goods.

 

2Firsts, April 10, 2026 

 

According to the European Commission, the EU's Technical Regulations Information System published a detailed opinion from Italy regarding Ireland's "Public Health (Single Use Vapes) Bill 2025." The bill originally planned to completely ban the retail sale of disposable vapes in Ireland.

 

Ban standstill period extended to June 2026

 

Under EU Directive 2015/1535, due to the submission of this detailed opinion by Italy, the standstill period for the Irish bill has been formally extended to June 19, 2026. During this period, Ireland may not adopt or implement the legislation.

 

Ireland notified the EU of the draft on December 18, 2025. The draft plans to completely ban the retail sale of any non-reusable vaping device, regardless of whether it contains nicotine. 

 

Italy's Ministry of Enterprises and Made in Italy submitted the formal objection to the European Commission on March 19, 2026.

 

Italy alleges ban violates EU principle of free movement of goods

 

In its detailed opinion, Italy explicitly stated that the Irish bill lacks scientific evidence and exceeds the existing EU regulatory framework. 

 

The ban constitutes a quantitative restriction under Article 34 of the Treaty on the Functioning of the European Union (TFEU), preventing products legally manufactured and sold in other EU member states from entering the Irish market, thereby violating the core principle of the free movement of goods.

 

At the same time, Italy argued that the measure is incompatible with Article 24 of the EU Tobacco Products Directive (2014/40/EU - TPD). 

 

The provision stipulates that member states can only ban specific categories of products under exceptional circumstances justified by the need to protect public health. Italy pointed out that Ireland failed to provide appropriate documentation proving the existence of such exceptional circumstances.

 

Lack of proportionality and alternative considerations

 

In its analysis of proportionality, Italy emphasised that Ireland's comprehensive ban failed to adequately assess less restrictive alternatives before restricting trade. 

 

For example, Ireland could have adopted stricter age control measures, targeted information campaigns, or differentiated taxation tools, rather than directly implementing a sales ban.

 

Furthermore, the ban was cited as undermining the "freedom of establishment" (Article 49 of TFEU) of legitimate EU operators already present or intending to operate in Ireland, raising risks of unequal treatment in market access and the fragmentation of EU regulations.

 

Image Source: European Commission

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
A U.S. Government Accountability Office audit found that 131,915 tobacco product applications submitted to the FDA since 2018 remained without a final review as of December 31, 2025, with pending applications waiting an average of 1,266 days. GAO also found FDA lacks the data needed to systematically determine whether scientific reviews meet applicable timelines. HHS agreed to upgrade the agency's tracking systems. At the same time, FDA has begun applying lessons from its nicotine pouch PMTA pilot to e-cigarette reviews, while changes to enforcement policy and electronic submissions are making the specific stage of a PMTA increasingly relevant to market access.
FDA
Oct.03
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea's Constitutional Court has upheld fixed taxes on nicotine-containing e-cigarette liquids based on solution volume, ruling that challenged provisions imposing KRW 370 per milliliter in individual consumption tax and KRW 628 per milliliter in tobacco consumption tax do not violate the Constitution. The cases stemmed from historical disputes involving importers that reported nicotine as being extracted from tobacco stems rather than leaves. South Korea has since broadened its tobacco definition to include synthetic nicotine, while current tax laws provide reduced rates for certain products not derived from tobacco.
Sep.18
Latest UK ONS Data: Vaping Rate Edges Down to 9.9% in 2025, a Year After Overtaking Cigarette Smoking
Latest UK ONS Data: Vaping Rate Edges Down to 9.9% in 2025, a Year After Overtaking Cigarette Smoking
Vaping prevalence in Great Britain edged down to 9.9% in 2025 from 10.0% in 2024, with the number of adult users holding at approximately 5.4 million for a second consecutive year, according to the Office for National Statistics (ONS). E-cigarette use had risen from 6.4% in 2020 to 10.0% in 2024, when it exceeded cigarette smoking prevalence for the first time. Cigarette smoking continued to decline to 8.7% in 2025, widening the gap to 1.2 percentage points. Daily vaping declined slightly, while usage among adults aged 25–34 increased despite falling rates in other age groups.
DATA
Oct.14
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's Ministry of Gender Equality and Family said on September 14 that it plans to designate unmanned e-cigarette stores as businesses where minors are prohibited from entering or working. Operators would be required to verify customers' ages and display notices restricting access by minors. The proposal is open for public comment through October 6. The move follows an April expansion of South Korea's statutory tobacco definition that brought products made with natural or synthetic nicotine under the Tobacco Business Act. Nicotine-free liquids and products using nicotine analogues such as 6-methylnicotine, however, remain an emerging regulatory issue.
Sep.21
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina has expanded enforcement of its vapor product directory rules, authorizing more state and local law enforcement participation and establishing a task force led by the State Bureau of Investigation. The legislation requires at least one unannounced compliance inspection annually for retailers, distributors and wholesalers handling covered products. Penalties effective October 1, 2026, include civil fines of $500–$750 for a first violation and $1,000–$1,500 for repeated violations within 12 months, along with potential license suspension or revocation. Manufacturers may face penalties of $10,000 per unlisted product. The measures strengthen the product directory system established in 2024.
Regulations
Oct.28
PMI Showcases ZYN, IQOS and U.S. Investments at NACS Show 2026
PMI Showcases ZYN, IQOS and U.S. Investments at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Philip Morris International (PMI) showcased its ZYN nicotine pouches, IQOS heated tobacco products and U.S. investments. A 2Firsts review of FDA records found that several ZYN products displayed at the booth were not on the agency's marketing authorization list, including certain nicotine strengths and flavors. A PMI booth representative also confirmed that IQOS is currently sold in three U.S. states, while the newer IQOS ILUMA system remains under FDA review.
EXPO
Oct.10