France’s recent law banning nicotine pouches has become one of the most extreme regulatory actions taken against novel nicotine products in Europe. The ban, passed with limited parliamentary debate, criminalizes the sale, possession, and use of nicotine pouches, regardless of product formulation or age of the user.
🔴 Harsh Penalties Mirror Criminal Offenses
According to The Sun, under the new law, anyone caught with nicotine pouches in France could face up to €375,000 in fines and five years in prison—a penalty that astonishingly exceeds the maximum sentence for heroin possession in the country. For reference, heroin possession typically carries a fine of just €3,200 and up to one year in prison.
This disparity has sparked outrage and disbelief among public health advocates, harm reduction experts, and industry observers alike, who view the ban as disproportionate and punitive toward consumers who have transitioned to less harmful nicotine alternatives.
🟠 A Blow to Harm Reduction and EU Free Market Principles
Adam Gambrill, a respected industry consultant, criticized the French government’s move on LinkedIn, describing it as a “dangerous precedent” that undermines the EU’s internal market. He emphasized that Sweden has issued a Detailed Opinion, asserting that France’s ban violates Articles 34 to 36 of the Treaty on the Functioning of the European Union (TFEU), which safeguard the free movement of goods.
Gambrill explained that “the principle of proportionality has not been met,” citing that measures such as nicotine strength caps, minimum age requirements, and clear labeling would have been less restrictive and more consistent with EU law and public health priorities.
🟡 Industry Response: Halts and Warnings
In the wake of the announcement, major producers including BAT, JTI, and PMI have pulled their pouch products from the French market. This will likely hurt smaller distributors and retailers who have invested in legal, tax-paying supply chains. Analysts warn this move may only push the demand underground, fueling the illicit market and creating more enforcement problems for authorities.
Moreover, this decision sends a chilling signal to other EU Member States, many of which are currently developing their own nicotine pouch regulations.
🟢 GINN’s Position: Evidence-Based, Balanced Policy
At the Global Institute for Novel Nicotine (GINN), we support responsible, science-driven regulation that both protects youth and gives adult smokers access to safer alternatives.
GINN believes that France’s policy:
- Undermines harm reduction goals by eliminating regulated alternatives to smoking.
- Threatens legal market stability and innovation within the nicotine sector.
- Sets a dangerous precedent of criminalizing consumers over public education and smart regulation.
Instead, we call on French lawmakers and EU institutions to pursue balanced frameworks that recognize the role of novel nicotine products in smoking cessation strategies, particularly in light of Sweden’s success.
🧭 A Call to Policymakers and Stakeholders
Now more than ever, European stakeholders must defend proportionate regulation. GINN encourages continued dialogue with EU institutions, Member States, and public health experts to:
- Protect adult access to harm-reducing products
- Prevent illicit trade and youth access through smart safeguards
- Respect the EU’s internal market while advancing public health
For more updates and insights on nicotine policy, visit 👉 www.ginn.global
