France Considers Multiple Regulatory Proposals for Nicotine Pouches
In a welcome development for evidence-based policymaking, French legislators have now introduced several legislative proposals aiming to regulate — rather than prohibit — nicotine pouches. These initiatives, presented in both the National Assembly and the Senate, share key principles while differing in scope and stringency. Together, they reflect a growing recognition that a functional regulatory framework is preferable to sweeping bans.
A clear common ground among the proposals is the introduction of an age limit of 18 years and the requirement for effective age verification systems at the point of sale. This measure directly addresses concerns about youth access and is broadly supported. Another shared provision is the limit on nicotine content, with a maximum of 16.6 mg per pouch, a threshold that aligns with the guidance from Germany’s Federal Institute for Risk Assessment (BfR), and seems proportionate for protecting consumers without compromising harm reduction goals.
At the same time, some of the proposed measures go significantly further. Certain bills include strict restrictions or even broad prohibitions on flavors, limiting products to mint, menthol, or fruit. While such proposals may be well-intentioned, they risk undermining the very purpose of offering safer alternatives to smoking. Adult smokers switching to reduced-risk products should be able to choose the flavors they prefer, just as they can with vaping or oral NRTs. Youth access should instead be controlled via robust retail regulation, not through blanket product restrictions that affect adults’ access.
Earlier this year, a controversial government initiative proposed a total ban on nicotine pouches — not only prohibiting sales, but also possession, use, and transport etc. The proposal was criticized as unbalanced and excessive, especially in light of the relatively lower risk profile of nicotine pouches compared to combustible tobacco. Many stakeholders — from harm reduction experts to EU trade lawyers — highlighted that such a measure could prove counterproductive, encouraging illicit trade while ignoring the potential benefits for adult smokers.
In contrast, the new legislative proposals reflect a more mature and proportionate approach. Instead of banning nicotine pouches outright, they aim to implement rules on product composition, packaging, advertising, and sales — all while maintaining legal access for adults who wish to switch from cigarettes to less harmful products.
The draft laws also include proposed safeguards such as child-resistant packaging, prominent health warnings, and restrictions on marketing and sponsorship — measures broadly aligned with existing regulations for vaping products. Several proposals further suggest limiting sales to licensed tobacconists, a step that could enhance oversight and ensure better compliance with age restrictions.
Interestingly, in countries like Sweden — where the use of nicotine pouches is widespread — regulators have not found it necessary to mandate child-resistant packaging. According to data from the Swedish Poisons Information Centre (Giftinformationscentralen), there has been no increase in poisoning cases, despite the availability of high-strength products. The majority of reported incidents are mild and require no medical intervention. This indicates that even strong nicotine pouches, when used appropriately, do not pose a significant risk of acute toxicity. Moreover, a proposed nicotine cap of 16.6 mg per pouch in France — or 20 mg as already applied in Sweden through industry self-regulation — would further reduce risk by removing extreme outliers from the market, thereby increasing consumer safety without limiting access for adults.
Taken together, these proposals show that France is actively seeking a regulatory balance: protecting young people from inappropriate exposure to nicotine while allowing adult smokers to access safer alternatives in a controlled and responsible manner. This approach mirrors successful models from countries like Sweden and Norway, where nicotine pouches are legally available under strict regulation — and where smoking rates are among the lowest in the EU.
While the final outcome of the legislative debate remains to be seen, these proposals are a promising signal. If passed, one of these proposals could end up serving as a model for other EU member states grappling with similar issues. Regulation — not prohibition — is clearly the more effective path forward — both for public health and consumer protection.