Nicotine sachets, nicotine pouches: the Council of State suspends a ban decree due to come into force in April

“ The execution of the decree (…) eis suspended insofar as it prohibits the manufacture, production and export of oral products containing nicotine"The Council writes that the marketing of these products, also affected by this suspended decree, is already prohibited by other legislation. This decree, issued by the government in early September, aims to ban nicotine sachets, balls, and gums. It was welcomed by anti-smoking associations, for whom these products are a source of frustration." dangerous success among teenagers.

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Its entry into force was planned for April 1, 2026, as part of a broader context of new anti-smoking measures in France, including the ban on disposable electronic cigarettes, or the ban on smoking in all public spaces.

A suspension following an appeal filed by the EVLB group

But one company, the EVLB group, had appealed to the Council of State to overturn this decree, which prohibits not only the sale of nicotine sachets but also their manufacture in France and their export. The group, which manufactures nicotine-based products, challenged the decree both on its merits, arguing that it violates free trade rules in force within the European Union, and on its timeline, claiming that it would not have enough time to reorganize by spring 2026. The Council of State, which has not yet ruled on the merits of the case, sided with the group on the latter point, finding that the company should have been given until the end of June to relocate its production.

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Products already banned by the Public Health Code

The interim ruling suspends the application of the decree in its entirety, with the Council of State stating that it will rule on the merits of the case by June 2026. The Council of State also considers that the marketing of these products is already prohibited by the Public Health Code, except within a pharmaceutical context. According to this view, the suspension of the decree will therefore not change the situation regarding the sale of nicotine sachets.

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When contacted by AFP, the Ministry of Health indicated that it acknowledges the partial suspension and awaits the opinion of the Council of State on the merits."."Whatever happens, this decision does not currently call into question the ban on marketing/possession." , adds the written statement from the ministry. For his part, Serdar Kaya, president of the Confederation of Tobacconists, stated that It is a good thing that the Council of State is taking the time to study the nicotine sachet methodically and from a scientific perspective, unlike the government, which opted for a rash and hasty decision.“.