EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections

Jul.13
EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
An analysis by We Are Innovation says more than 90% of over 82,000 responses to the European Commission’s public consultation on the Tobacco Products Directive revision raised at least one substantial objection to the proposed regulatory direction.

Key Points

  • The EU public consultation on the TPD revision received more than 82,000 responses.
  • We Are Innovation said more than 90% raised at least one substantial objection.
  • Around 2% of responses openly supported a more restrictive approach, according to the analysis.
  • Tobacco retailers urged policymakers to strengthen legal retail networks.
  • Smoke Free Partnership said evidence quality matters more than response volume.

2Firsts

July 10, 2026

The European Commission’s public consultation on the revision of the Tobacco Products Directive received more than 82,000 responses, Eunews reported.

An analysis by We Are Innovation said more than 90% of the responses raised at least one substantial objection to the regulatory approach proposed by Brussels.

We Are Innovation said its report, titled “The TPD Revision and Europe’s Innovation Economy: A Review of the Evidence,” examined the full body of consultation responses and classified them by content and position.

Analysis Says Objections Were Broad-Based

According to We Are Innovation, only around 2% of responses openly supported a more restrictive approach.

The group said the criticism did not appear to come from a single interest group. Its analysis found objections in 96% of responses from academic and research communities, 94% of responses from businesses, NGOs and other organisations, and 93% of responses from members of the public.

We Are Innovation Chief Executive Federico Fernández said the scale and consistency of the response indicated broad concern. He said risk differentiation should form the basis of the future regulatory framework.

Retailers Call for Stronger Legal Channels

The European Confederation of Tobacco Retailers, or CEDT, also took part in the consultation. The group represents more than 140,000 small family-run businesses and specialist retailers in eight EU member states.

CEDT President Miguel Ángel Martínez said effective regulation should not weaken the legal local retail network, but recognise and strengthen it as an institutional partner in achieving EU objectives related to control, prevention and public safety.

Retailers expressed concern that overly restrictive measures could create room for the illegal market and reduce authorities’ ability to monitor it.

OLAF Says Illicit Trade Remains a Threat

The report also highlighted illicit trade as a central issue in EU tobacco policy.

The European Anti-Fraud Office, or OLAF, recently coordinated with authorities in Spain, Poland, Portugal, Lithuania and Europol in an operation targeting two international organisations involved in the production and distribution of counterfeit tobacco products.

The operation seized more than 20 million cigarettes and 38.4 tonnes of manufactured tobacco and tobacco leaves, with an estimated value of more than €10 million. OLAF Director-General Petr Klement said counterfeit cigarettes harm health, deprive taxpayers of revenue and fund organised crime.

Smoke Free Partnership Emphasises Evidence Quality

Smoke Free Partnership offered a different view of the consultation results.

The organisation said public consultations are an essential part of the EU legislative process and citizens must be able to express their views. However, it said consultations should inform policy, not determine it based on the volume of responses received.

The group said policymakers should assess the quality, independence, transparency and scientific rigour of the evidence submitted, while also considering potential conflicts of interest involving the tobacco industry.

Industry Impact and Outlook

The consultation response shows that the EU’s tobacco and nicotine product reform remains contested across public health, retail, innovation and industry groups.

For companies in e-cigarettes, heated tobacco and other non-combustible nicotine products, whether risk differentiation is reflected in the future framework will be a central issue. A more uniform restrictive approach could raise compliance costs and narrow the space for product communication, flavour rules, packaging and retail practices.

Retail channels are also central to the debate. Groups such as CEDT argue that legal retailers play a role in age checks, traceability and combating illicit trade. Public health groups, meanwhile, are pressing for stronger scrutiny of evidence quality and industry influence.

The consultation responses are only one part of the TPD revision process. How the European Commission weighs public feedback, scientific evidence, member state positions and public health objectives will shape the next stage of EU tobacco and nicotine regulation.

Follow 2Firsts for the latest updates on global tobacco harm reduction, nicotine products and regulatory developments.

Cover Image source: Eunews


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