Legal Alert | Review of EU regulations on tobacco and nicotine products – possible changes in 2026
Jesteśmy kancelarią, którą tworzą ludzie o ogromnej pasji, wiedzy i doświadczeniu. Nasz zespół stale się powiększa.
The European Commission is continuing its work on the assessment of EU legislation concerning tobacco and related products. According to the latest reports[1], the completion of the evaluation is now planned for the first half of 2026.
The review concerns the functioning of Directive 2014/40/EU, which constitutes the foundation of the regulatory framework for the tobacco market in the European Union. In its 2021 report[2], the Commission already indicated that, due to the continuously expanding range of products, the scope of the Directive lags behind emerging tobacco and related products and does not provide sufficient flexibility to respond to the rapid development of the market. In particular, the report highlighted existing legal gaps with regard to new products.
As a consequence, in 2022 the Commission launched a consultation process („Call for evidence”)[3] concerning the evaluation of the current legal framework governing tobacco products. It is also worth noting that in the Commission’s official materials the first quarter of 2026 is indicated as the tentative date for the adoption of a legislative proposal, although this timetable has already been postponed several times. Against this background, recent reports that the Commission has confirmed the first half of 2026 as the expected completion date may signal that the legislative process is once again gaining momentum.
The importance of the ongoing review is also reflected in other recent initiatives of the Commission. In its communication of 16 December 2025 on the EU cardiovascular health plan („Safe Hearts Plan”)[4], the Commission referred, among other things, to health issues related to products such as e-cigarettes and nicotine pouches.
At the same time, the Commission announced that, as part of the review of the EU tobacco control framework, it would take into account new market trends, in particular in the context of youth protection.
We are monitoring the progress of the regulatory work and will continue to report on further significant stages of the process.
[1] Commission confirms tobacco law evaluation due in first half of 2026 | Euractiv.
[2] https://eur-lex.europa.eu/legal-content/PL/TXT/HTML/?uri=CELEX:52021DC0249
[3] https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13481-Evaluation-of-the-legislative-framework-for-tobacco-control_en.
[4] Communication to the European Parliament, the Council, the European Economic and Social Committee and the committee of the regions on an EU cardiovascular health plan: the Safe Hearts Plan.