Italy and Greece Challenge Ireland’s Vape and Nicotine Bill, Delaying EU Approval Process

Ireland’s plans to introduce some of Europe’s toughest restrictions on vaping products and nicotine pouches have come under scrutiny after Italy and Greece lodged formal objections with the European Commission, raising concerns over the impact on the EU single market.

The challenge was submitted through the European Union’s Technical Regulation Information System (TRIS), a mechanism used by member states to assess whether proposed national legislation could impede the free movement of goods across the bloc. Both Italy and Greece issued what are known as “detailed opinions”, a formal step that automatically extends the review period for the Irish legislation.

Ireland notified the European Commission of the proposed legislation, titled the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026, on 2 April 2026. The bill seeks to tighten regulation of electronic cigarettes and nicotine pouches through a series of measures that include standardised packaging, restrictions on retail displays and advertising, and stringent controls on flavour-related product names.

Under the proposal, only “Tobacco” and “Unflavoured” descriptions would be permitted for vaping products, a measure critics argue amounts to a de facto ban on flavoured products. Irish health authorities maintain that the proposals are designed to reduce nicotine uptake among young people and strengthen public health protections.

Italy’s submission questioned whether the proposed restrictions are proportionate and necessary to achieve their stated public health objectives. Rome argued that Dublin had not sufficiently demonstrated why less restrictive alternatives, such as stricter age-verification measures or enhanced market surveillance, would be inadequate. Italian officials also warned that diverging national rules could complicate compliance for businesses operating across the EU and potentially hinder trade in products that are legally sold elsewhere in the bloc.

Greece echoed concerns over the potential impact on manufacturers and exporters, reportedly highlighting the risk of increased compliance costs and regulatory fragmentation within the European market.

The objections do not block the legislation outright. However, under EU procedures, the filing of detailed opinions extends the normal standstill period and requires Ireland to explain how it intends to address the concerns raised by other member states. As a result, the review period has been extended until 7 October 2026, during which time Ireland cannot complete the adoption of the notified technical measures.

The dispute highlights a broader debate within the European Union over how far individual member states should be allowed to go in regulating nicotine products while Brussels continues work on wider tobacco and nicotine policy reforms. Supporters of Ireland’s approach argue that stronger restrictions are necessary to curb youth vaping, while opponents contend that fragmented national regulations risk undermining the integrity of the EU’s single market.

With the legislation already having passed the lower house of the Irish parliament and awaiting further consideration in the upper chamber, attention will now turn to Brussels and Dublin’s response to the objections as policymakers seek to balance public health priorities against the EU’s commitment to regulatory harmonisation.