Health ministers from across the European Union (EU) have called for a tougher stance on vapes and nicotine pouches, urging the European Commission to speed up long-delayed revisions to the bloc’s tobacco laws.
At a meeting of the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council in Luxembourg, the countries demanded a revamped Tobacco Products Directive (TPD) that would harmonise rules across the EU and address growing concerns over youth use of nicotine products.
“Ireland, along with Belgium, Croatia, Estonia, Finland, France, Latvia, Lithuania, Malta, the Netherlands, Slovenia, and Spain, calls for urgent action on the publication of a revised Tobacco Products Directive,” Ireland stated.
“It has been over ten years since the current directive was enacted, during which time new nicotine products such as vapes, e-cigarettes, and nicotine pouches have rapidly emerged.”
No updated legislation published
The group argued that the absence of EU-level rules on matters such as online sales and product flavours has created enforcement gaps and legal inconsistencies. “This divergence complicates enforcement, particularly due to the lack of an EU-wide cross-border sales ban on products targeting youth,” Ireland added.
The countries also want new rules to address “youth nicotine use, modern advertising methods (including social media and influencers), and a comprehensive cross-border ban.”
Belgium said: “The rapid emergence of new tobacco and nicotine products, particularly flavoured vapes, necessitates immediate revision of the Tobacco Products Directive. Flavours like strawberry, chocolate, and mango are clearly aimed at minors and contribute to nicotine dependence in vulnerable age groups.”
It added that “the lack of EU harmonisation limits enforcement” and cited Article 20 of the directive, noting: “Article 20 permits harmonisation via delegated acts when three or more member states take action; this threshold has already been exceeded.”
Slovenia highlighted the challenges of enforcement at a national rather than EU level. It said: “Despite national flavour bans, cross-border online sales make enforcement ineffective.” Germany said it “agrees that the rise in use of novel nicotine products, especially among youth, calls for an urgent EU-level response.”
A more balanced note
The Czech Republic offered a more cautious view, saying that any revised directive should strike an important balance. It supported regulation that “both encourages adult smokers to switch away from combustible tobacco and prevents youth uptake of new products.”
Other member states gave their backing. Latvia said: “Tobacco use remains a leading cause of preventable illness and premature death,” and called for “a unified EU legislative framework covering tobacco and novel nicotine products, including an absolute ban on cross-border distance sales.”
Romania expressed support, saying: “A revised directive would significantly enhance public health protections.” Meanwhile, France described the Commission’s inaction as troubling. “The current absence of a proposal from the Commission is regrettable,” it said. “These new challenges require urgent measures.”
Cyprus added: “Enhancing EU-wide surveillance systems and improving data sharing between member states is a key step.”
The European Commission acknowledged the member states’ concerns, saying: “We share your concerns. We agree with your concerns.”
It noted that adolescent vaping rates were rising: “WHO data from 2024 report that over 30 per cent – so almost one-third – of 15-year-old Europeans have already used e-cigarettes at some point in their lives, with 20 per cent reporting having used e-cigarettes in the past 30 days.”
Popcorn lung claim
However, it also claimed: “The incidence of popcorn lung is largely attributable to some of those products and some of the ingredients they use.” This is despite there being zero confirmed cases of popcorn lung caused by vaping.
On regulatory progress, the Commission said: “In 2023 we… prohibited the sale of framework heated tobacco products at EU level. However, the responsibility for regulating nicotine pouches and flavours in e-cigarettes remains with the member states.”
It also said: “The Tobacco Products Directive allows member states to prohibit [cross-border distance sales].
“Evidence suggests that there are gateways to nicotine addiction and traditional tobacco products. They are marketed largely on social media, which significantly increases their appeal and uptake for teenagers. Flavours also play a huge role in attracting young users – especially those that have been listed by our Belgian colleague.”
The Commission concluded: “This comprehensive evaluation aims to address concerns about young people’s access to new tobacco and nicotine products. It will determine the next steps on the legal framework.
“I want to thank you for your commitment, and I will count on your support for protecting EU citizens – especially the young ones – from the harmful effects of tobacco and nicotine products. And we will continue to help you in this work.”
As the Commission’s evaluation of the TPD continues, attention will remain focused on whether new legislation will strike a balance – protecting youth while preserving access to safer alternatives for adults looking to quit smoking.
