The French Supreme Administrative Court (Council of State) ruled that the total ban on vapes stipulated in French Polynesia’s Tobacco Control Law is illegal. The court found that the ban exceeded the scope of the original legislative authorization. With the total ban overturned, local regulations will now align with mainland French tobacco control regulations, including measures such as prohibiting disposable vapes.
Key Points
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The French Council of State ruled that the total ban on vapes in French Polynesia is illegal.
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The ban, which was planned to prohibit the import and sale of vape products, was scheduled to take effect on July 1, 2026, and July 1, 2027, respectively.
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Local vape importers and distributors filed a lawsuit and won.
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The overturned clause was Article 76 of the local Tobacco Control Law.
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Vape regulation in French Polynesia will now align with mainland French tobacco control regulations.
Court Ruling on Article 76 of the Tobacco Control Law
December 25, 2025 – According to French media outlet Radio 1, the French Supreme Administrative Court. The Council of State ruled that Article 76 of French Polynesia’s Tobacco Control Law. It stipulated a total ban on vapes, is illegal. The ban was originally planned to prohibit the import and sale of vape products, effective July 1, 2026, and July 1, 2027, respectively.
Scope and Background of the Overturned Vape Ban
The clause, passed at the end of August with the support of the Tavini majority, involved a complete ban on vape products in French Polynesia. This measure would have created one of the broadest vape bans in France and went beyond the legislative proposals initially put forward by the French government.
Legal Challenge by Vape Importers and Distributors
Local importers and distributors of vape products filed a lawsuit with the French Supreme Administrative Court in September of the same year. While the companies had previously opposed some clauses in the new law. They expressed confusion over the complete ban on vapes while cigarettes remained legally available, and considered the amendments to be politically motivated.
Outcome of the Lawsuit and Industry Response
The industry group won the case after the Council of State overturned the clause. The group had previously received support from the French employers’ association (Medef), but later chose to pursue the case independently. As of now, the companies involved have not issued an official statement regarding the ruling.
Alignment With Mainland France’s Vape Regulations
With the repeal of Article 76, French Polynesia will not implement a complete ban on vapes. Instead, vape regulation will be aligned with mainland France’s tobacco control framework.
Key Regulatory Measures Under the Revised Framework
Under the revised guidelines. Vape sales will be subject to a licensing system, sales to minors will be prohibited, and disposable vapes will be banned. Certain flavors deemed attractive to young people, as well as products with excessively high nicotine content, will be restricted. In addition, advertising of vape products will be largely prohibited, and their use in public places will also be restricted.
Background on French Polynesia
French Polynesia is an overseas territory of France located in the central South Pacific, in Oceania.
It consists of 118 islands and coral reefs divided into five main archipelagos:
The Society Islands (including Tahiti and Bora Bora). The Tuamotu Islands, the Marquesas Islands, the Gambier Islands, and the Austral Islands.
