The French Council of State, the country’s highest administrative court, has decided to suspend a government decree scheduled to take effect in April 2026, which aimed to ban the production, manufacture, and export of nicotine pouches. The court ruled that companies had not been given sufficient time to adjust their production arrangements. The Council of State stated that it would make a substantive ruling on the legality of the decree before June 2026, and noted that the commercial sale of nicotine pouches is already subject to other legal restrictions.
Key Points at a Glance
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French Council of State suspends enforcement of nicotine pouch ban decree.
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The original ban covered production, manufacturing, and export.
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The decree was originally scheduled to take effect on April 1, 2026, but the court deemed the adjustment period insufficient for businesses.
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The Ministry of Health stated that this decision does not currently affect the ban on the sale and possession of nicotine bags.
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A final ruling is expected before June 2026.
Court Orders Temporary Suspension of Government Decree
December 23, 2025 – According to Agence France-Presse (AFP), the French Council of State, the country’s highest administrative court, decided on December 22 to suspend a government decree. The decree was originally planned to ban the manufacture, production, and export of oral nicotine products, such as nicotine pouches, starting from April 1, 2026.
Scope of the Suspended Ban
In its ruling, the Council of State noted that the enforcement of the decree regarding the ban on the manufacture, production, and export of oral nicotine products has been temporarily suspended. The court also stated that the commercial sale of these products is already subject to restrictions under other regulations, such as the Public Health Code.
Background: France’s Broader Anti-Tobacco Strategy
The decree was issued by the French government in early September 2025, aiming for a complete ban on nicotine pouches, nicotine lozenges, and nicotine chewing gum. Anti-tobacco organizations had welcomed the measure, arguing that these products were rapidly gaining popularity among young people and posed health risks.
Planned Implementation Date and Related Tobacco Controls
The ban was originally scheduled to take effect on April 1, 2026, and was part of France’s broader anti-tobacco policy, which also includes a ban on disposable vapes and a ban on smoking in all public places.
Legal Challenge by Nicotine Product Manufacturer
EVLB Group, a manufacturer of nicotine products, filed a lawsuit against the decree with the Council of State, requesting its annulment. The group argued that the decree, which prohibits not only sales but also production and export within France, violates existing EU free trade rules.
Court Cites Insufficient Adjustment Period for Companies
The group also pointed out that it would be impossible to complete the transfer of production within such a short timeframe before the spring of 2026. The Council of State’s ruling did not address the substance of the decree but determined that companies should be given until the end of June 2026 to adjust.
Substantive Ruling Expected Before June 2026
Therefore, the court, through an expedited procedure, decided to suspend the application of the decree in its entirety and stated that it would rule on the substantive issues of the case before June 2026.
Sales Restrictions Remain Unchanged
The Council of State also noted that, according to the Public Health Code, the sale of nicotine pouches is generally prohibited unless it falls within the framework of pharmaceutical regulation. As a result, the suspension does not change the legal status of nicotine pouches at the point of sale.
Ministry of Health Responds to Court Decision
The French Ministry of Health, in a statement to Agence France-Presse, said it had “taken note of the Council of State’s partial suspension decision and will await its ruling on the substance of the case.” The ministry added that the decision does not currently affect the ban on the sale and possession of nicotine pouches.
Industry Reaction Welcomes Judicial Review
Serdar Kaya, president of the French Federation of Tobacco Retailers, said that the Council of State’s scientific and systematic review of the nicotine pouch issue was positive, contrasting it with the government’s earlier decision, which he described as too hasty.
