European Commission announces revision of tobacco product and advertising rules

The planned revision of the EU rules on tobacco products and tobacco advertising marks the beginning of the next major reform of European tobacco policy. In the fourth quarter of 2026, the European Commission intends to present proposals to revise both the Tobacco Products Directive (2014/40/EU) and the Tobacco Advertising Directive (2003/33/EC). This will be the first comprehensive reform of the EU regulatory framework for tobacco and nicotine products in more than a decade.

Stalled negotiations on tobacco taxation

At the same time, negotiations on the revision of the Tobacco Excise Directive (2011/64/EU) are continuing. The Directive establishes harmonised minimum excise duty rates for manufactured tobacco products while allowing Member States to apply higher national excise taxes. With its proposal presented in July 2025, the Commission sought to bring new tobacco and nicotine products within the scope of the excise framework and close existing regulatory gaps.

However, under the Cypriot Council Presidency, Member States failed to reach an agreement, meaning negotiations will now continue under the Irish Presidency. Deliberations in the European Parliament also proved controversial. On 17 June, Parliament rejected the proposal to recast the Directive on the structure and rates of excise duty applied to tobacco and tobacco-related products and called on the Commission to withdraw it. Socialists, Liberals, Greens and the Left welcomed the rejection and called for a more ambitious reform. By contrast, Patriots for Europe (PfE), the European Conservatives and Reformists (ECR), and parts of the European People's Party (EPP) had advocated a much more cautious approach. Although Parliament has only a consultative role in the field of tobacco taxation, the vote sends an important political signal for the ongoing negotiations in the Council.

A new reform round for tobacco and nicotine products

While progress on tobacco taxation has stalled, the Commission is already preparing the revision of the EU's product and advertising legislation. According to the Commission, the emergence of new products and diverging national regulations have increasingly fragmented the internal market. In recent years, several Member States have introduced their own rules on issues such as flavours in e-cigarettes, disposable e-cigarettes, heated tobacco products, nicotine pouches and plain packaging. At the same time, novel nicotine products have gained market significance despite being only partially covered by the existing EU framework. The Commission is also placing particular emphasis on marketing through social media and influencers, which is especially effective in reaching young people.

Stricter rules for new products and advertising

The Commission's initiative pursues a dual objective. On the one hand, it aims to harmonise divergent national rules and thereby improve the functioning of the internal market. On the other, it seeks to update the public health framework in light of changing patterns of nicotine consumption and contribute to the implementation of Europe's Beating Cancer Plan. Current indications suggest that the Commission will pursue an ambitious approach. Expected measures include stricter rules on flavours, packaging and labelling, the inclusion of novel products such as nicotine pouches, and significantly tighter regulation of advertising and marketing in digital media.

DSV supports ambitious European rules

In its feedback to the Commission's public consultation, the German Social Insurance (DSV) welcomes the planned revision of the EU tobacco legislation. From the DSV's perspective, harmonised and ambitious European rules offer an important opportunity to prevent young people in particular from taking up nicotine use and to close existing regulatory gaps. The DSV therefore supports, among other measures, a ban on flavoured tobacco and nicotine products. It also calls for a comprehensive EU-wide ban on advertising and promotion, including on social media and at the point of sale, as well as the introduction of standardised plain packaging for all tobacco and nicotine products.

Outlook

The experience with the Tobacco Excise Directive demonstrates that EU tobacco legislation remains politically sensitive. It therefore remains to be seen when and in what form the Commission will ultimately table its proposals, and how political majorities in the Council and the European Parliament will evolve thereafter. What is already clear, however, is that the regulation of tobacco and nicotine products will remain a key issue on the European public health agenda in the years ahead.