A leaked draft shows the European Commission’s plans go well beyond the FCTC Secretariat’s recommendations. Photo credit: Sébastien Bertrand, CC2.0.
A leaked European Commission (EC) draft has sent shockwaves through the nicotine and tobacco sectors, revealing that Brussels may be preparing to advocate a complete ban on nicotine pouches and far-reaching new restrictions across all nicotine and tobacco products.
The document, reportedly a working draft of the EU’s unified position for November’s WHO Framework Convention on Tobacco Control (FCTC) COP11 in Geneva, suggests the bloc is leaning toward a comprehensive crackdown on non-combustible nicotine products, aligning more closely with prohibitionist interpretations of the FCTC rather than its harm-reduction potential.
According to multiple industry sources, the leaked draft goes well beyond the FCTC Secretariat’s own recommendations. It proposes a total EU-wide ban on nicotine pouches, eliminating one of the fastest-growing categories of smoke-free products; wide-ranging flavor bans across nicotine and tobacco products, including e-liquids, heated tobacco, and oral pouches; a ban on comparative or reduced-risk claims, preventing manufacturers from communicating relative-risk differences between combustible and non-combustible products; environmental and packaging provisions targeting filters, plastics and certain pouch materials; and legal changes that would shift the burden of proof onto manufacturers and retailers, with potential criminal or class-action liability for unverified product claims.
While the document has not been published officially, several trade and advocacy outlets report that it describes nicotine pouches as “products for oral use containing nicotine in portion or porous sachets” – language resembling the French draft decree Notification 2025/0110/FR, which seeks to ban such products nationally.
If adopted, the proposed measures would mark a fundamental shift in the EU’s approach to nicotine policy – away from product-specific regulation toward outright prohibition. The draft positions nicotine use, regardless of delivery form, as a public-health concern comparable to smoking, and downplays the role of harm reduction as a policy objective. This marks a clear departure from the approach of countries such as Sweden, where nicotine pouches and snus are widely recognized as tools that have driven smoking rates to record lows.
Analysts say the leak, if accurate, suggests that the Commission intends to present a more restrictive EU stance at COP11, potentially urging WHO parties to treat all nicotine products under a single regulatory umbrella.
The leak has triggered sharp reactions from harm-reduction advocates and industry groups. Critics warn that banning nicotine pouches would remove a low-risk alternative for millions of adult smokers and could push consumers back to combustible products or illicit markets. “An outright ban would destroy a category that has proven effective in helping smokers transition away from cigarettes,” one EU-based manufacturer commented anonymously. “It’s difficult to reconcile such a stance with the EU’s stated public-health goals.”
Trade associations also warn that the flavor bans and advertising restrictions could severely disrupt innovation and investment across the nicotine sector, including small and medium-sized enterprises that depend on flavor diversity to retain adult consumers.
The leaked draft is expected to meet resistance from several member states, notably Sweden, whose exemption for snus has long served as a test case for harm-reduction policy. If the EU’s common position at COP11 includes a call for a full nicotine pouch ban, it could ignite new legal and political friction over the subsidiarity principle and the internal market. France, meanwhile, has already moved ahead with national legislation to prohibit oral nicotine pouches, setting a precedent that may influence the Commission’s thinking.
The leak comes at a pivotal moment for EU nicotine policy. The Commission is currently preparing its evaluation report on the Tobacco Products Directive (TPD2), due in 2026, which is expected to pave the way for a comprehensive revision of the EU’s tobacco and nicotine framework. Observers note that the draft’s environmental elements – such as restrictions on filters and plastic components – could be linked to the EU’s Green Deal objectives, suggesting the next regulatory cycle will merge public-health and sustainability goals.
The leaked document remains a non-binding draft and may yet be revised or diluted before COP11. However, its content signals a strategic direction that could shape future EU legislation. Stakeholders are now watching closely for official confirmation from the Commission and any reaction from Member States during pre-COP11 consultations.
For the international nicotine industry, the message is clear: the EU appears to be preparing to treat all nicotine products – combustible or not – under the same restrictive framework, potentially reshaping the European market for years to come.