Commissioner for Health and Food Safety Olivér Várhelyi has defended France's ban on nicotine pouches, arguing that member states have broad discretion to protect public health and that the Commission has found no evidence the measure is unjustified or disproportionate. The answer, given on 17 July 2026, responds to a parliamentary question from Swedish MEP Jessica Polfjärd (PPE), who raised concerns that the French law, which classifies nicotine pouches as narcotics and imposes heavy fines or imprisonment for possession, could lead to Swedish citizens and EU staff being penalised for carrying a product with cultural significance in Sweden. Várhelyi noted that nicotine pouches are not covered by harmonised EU legislation, so national measures restricting their free movement under Article 34 TFEU may be justified under Article 36 TFEU for health protection, provided they are proportionate. He cited the recent evaluation of the EU tobacco control framework, which highlighted serious health risks from novel nicotine products. The Commission has not identified sufficient elements to challenge the French legislation, and enforcement remains a national competence. The answer signals that the Commission prioritises public health over free movement concerns in this area, and no immediate EU-level action is expected.
Stakeholders impacted include Swedish consumers and EU staff who may face legal risks when travelling to France, while public health advocates and French authorities see the ban as a protective measure. The tobacco industry may face further fragmentation of the EU market for nicotine pouches, as other member states could follow France's lead.