The European Commission has recently concluded the public consultation concerning the review of the European Union regulatory framework for tobacco products. The consultation was open from 22 May to 14 August 2026 and focused in particular on the review of Directive 2014/40/EU on tobacco products (TPD) and Directive 2003/33/EC on the advertising and sponsorship of tobacco products (TAD). The Commission expects to present a legislative proposal by the end of 2026.
The review will affect the sector as a whole, with particular attention to electronic cigarettes, heated tobacco products (HTPs) and nicotine pouches. The TPD entered into force in 2014 and became applicable in 2016, in a market context significantly different from the current one. At that time, nicotine pouches did not yet represent a relevant product category at EU level, while the markets for electronic cigarettes and heated tobacco products were still at an early stage of development.
The Commission has therefore highlighted the need to assess whether the current regulatory framework remains appropriate in light of the growing availability of new tobacco and nicotine products and the evolution of marketing and promotional practices, including, in particular, the increasing use of digital channels and social media.
The future review may therefore address, among other aspects, greater harmonisation at EU level of provisions relating to flavours, product presentation, health warnings, advertising and online promotion.
The Commission may also introduce a clearer regulatory framework for products that currently fall outside, or only partially within, the scope of the TPD, with the aim of establishing a more consistent regulatory approach across the Member States.
The measures already adopted at national level highlight the existence of differing approaches within the European Union. Some Member States have introduced bans on disposable electronic cigarettes, while others are considering restrictions on flavours in nicotine-containing inhalation products, as well as stricter requirements concerning advertising, display and product presentation.
Following the closure of the consultation, the Commission will analyse the contributions received, together with the findings of the evaluation of the existing regulatory framework and the related impact assessment.
The subsequent legislative proposal will then be subject to the European Union legislative procedure and will have to be negotiated by the European Parliament and the Council before any final adoption.
The revision of the regulatory framework governing tobacco products is also proceeding in parallel with the separate review of the EU excise duty framework (Tobacco Excise Directive – TED), which aims, among other things, to harmonise minimum excise duty rates across the Member States of the European Union.
