France’s planned ban on nicotine pouches from next spring could be in jeopardy after a series of amendments were tabled in the National Assembly aimed at softening or replacing the measure.
The prohibition, due to take effect in March 2026, is part of the government’s 2026 budget bill (Projet de loi de finances 2026). The measure, published in decree form in September, would outlaw the manufacture, import, sale, possession, and use of all oral nicotine products that are not authorised as medicines.
Under France’s Public Health Code, those caught possessing or using such products could face up to five years in prison and fines of up to €375,000 – penalties harsher than those for personal use of narcotics such as cocaine or heroin, which carry a maximum one-year sentence and a €3,750 fine. Enforcement would fall to customs officers, consumer-protection agencies, and police.
But the proposed ban has triggered significant resistance – not just from consumers and harm-reduction advocates, but now from within parliament itself.
Lawmakers challenge prohibition
Several MPs have filed amendments that would undercut the government’s plan by replacing a total ban with a regulatory and tax-based model. The most notable, Amendment I-CF935, was submitted by Ludovic Mendès and Philippe Gosselin.
Rather than criminalising users and retailers, their proposal would keep pouches legal but regulated, subject to excise duty – €22 per kilogram from March 2026, rising to €44 in 2027 and €66 in 2028.
The text defines nicotine pouches as “products presented in sachets-portions or sachets poreux.. containing nicotine but no tobacco” and argues that regulation offers a safer, more realistic alternative to prohibition.
While the amendment is currently listed as “non soutenu” (not yet supported or adopted), it represents the first organised parliamentary effort to temper the government’s hard line. Its appearance also suggests the proposed ban – which critics say breaches EU free-movement rules and could criminalise consumers – is no longer guaranteed to pass unchanged.
Vape tax rejected
The debate over oral nicotine comes as MPs have already moved to protect vaping from new fiscal measures. On 22 October, the National Assembly’s Finance Committee rejected a proposed tax on vaping liquids, keeping France’s vape tax at zero for 2026.
That decision was seen as a win for harm-reduction advocates, who argue that affordability is key to helping smokers switch to safer alternatives.
What happens next
The budget debate resumes on 13 November, with a solemn vote on the first part of the bill scheduled for 17 November at 15:00.
Any change to the nicotine pouch ban or vaping provisions will need to be confirmed in that vote or later during Senate negotiations before final adoption in December.
