COP11 Update: Deep Divide Over Regulation of E-cigarettes and Nicotine Pouches as EU Pushes Back Against "Total Ban" Draft

Nov.21.2025
COP11 Update: Deep Divide Over Regulation of E-cigarettes and Nicotine Pouches as EU Pushes Back Against "Total Ban" Draft
At the ongoing COP11 in Geneva,a bloc led by Brazil and the Maldives has submitted a draft proposing "prohibition" as the primary policy path. In response, the European Union has submitted amendments requesting that the wording be adjusted to optional regulation, preserving the right of member states to decide on sales bans based on their own national laws.

Key Point

 

  • Draft Direction: Brazil, Maldives, Panama, and Thailand are pushing a draft decision recommending the prohibition of the manufacture, import, sale, presentation, and use of products such as e-cigarettes and nicotine pouches.
  • Scope of Controversy: The proposed ban covers ENDS (electronic nicotine delivery systems), ENNDS (electronic non-nicotine delivery systems), and nicotine pouches, triggering widespread attention.
  • EU Position: The EU opposes a "one-size-fits-all" ban and has submitted amendments suggesting the language be changed from "prohibit" to regulatory options that "could include prohibition."
  • Legal Limitations: The EU emphasizes the addition of the clause "as appropriate under national laws" to ensure member states retain regulatory flexibility.
  • Core Conflict: The central dispute of this COP11 is whether to push for a global ban at the FCTC level or to grant countries the power to determine their own regulatory models.

 

2Firsts, November 21, 2025 — According to Pouch Patrol, at the 11th Session of the Conference of the Parties (COP11) to the WHO Framework Convention on Tobacco Control, Parties are currently engaged in intensive consultations regarding the text of the draft decision under Agenda Item 4.5 concerning novel and emerging nicotine products (including e-cigarettes and nicotine pouches).

 

The current controversy centers on whether the Convention should explicitly call for a "ban" on such products or retain the right of member states to "regulate" them in accordance with domestic law.

 

Draft Proposal: Prohibition as the Primary Measure

 

According to the draft decision (Document FCTC/COP11/P/CONF./5(a)) jointly submitted by Brazil, Maldives, Panama, and Thailand, the proponents urge Parties to implement stricter control measures.

 

Paragraph 2(a)(i) of the original draft suggests measures to "prohibit or restrict the manufacture, importation, distribution, presentation, sale and use of all novel and emerging nicotine products." The draft specifically names electronic nicotine delivery systems (ENDS), electronic non-nicotine delivery systems (ENNDS), and nicotine pouches.

 

Furthermore, the draft emphasizes a firm rejection of the tobacco industry's "harm reduction" narrative, viewing it primarily as a strategy to avoid regulation.

 

EU Amendment: Emphasizing National Laws and Regulatory Flexibility

 

In response to the aforementioned draft, the European Union delegation has submitted a formal Union Position proposing key changes to the resolution's wording.

 

According to the amendment text submitted by the EU, the bloc proposes changing "prohibiting or restricting" to "taking comprehensive regulatory measures, which could include prohibiting or restricting." The EU also requests the addition of the qualifying phrase "as appropriate under national laws" in relevant clauses.

 

In its position paper, the EU notes its support for effective measures to prevent nicotine addiction but emphasizes that the implementation of such measures should align with the regulatory frameworks of individual nations.

 

Analysis of Policy Divergence

 

The core difference between the two documents lies in the definition of the legal binding force of "prohibition":

 

  • The Original Draft prioritizes "prohibition" as the recommended policy option, with a scope covering products like nicotine pouches that are already legal in some markets.
  • The EU Amendment seeks to preserve policy space for member states. By adding terms such as "comprehensive regulatory measures" and "under national laws," the EU advocates for fulfilling Convention obligations through strict market regulation (e.g., age limits, ingredient regulations) without necessarily implementing a total ban.

 

Image source: Pouch Patrol

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Canada Recalls Siberia and ZYN Nicotine Pouches Over Unauthorized Sales
Canada Recalls Siberia and ZYN Nicotine Pouches Over Unauthorized Sales
Health Canada has issued a nationwide recall for nicotine pouch products sold under the Siberia and ZYN brands, citing a lack of market authorization. All affected lots are subject to the recall.
Jun.15
From Heating Blades to Heating Paper? CTHB Patent Points to Microwave Heated Tobacco Design
From Heating Blades to Heating Paper? CTHB Patent Points to Microwave Heated Tobacco Design
According to China’s patent office records, a patent owned by China Tobacco Hubei Industrial Corporation (CTHB) for “cigarette paper and a cigarette for microwave heating” was granted on May 19, 2026. The patent describes cigarette paper with an outer wrapping layer, a heating layer, and an isolation heat-conducting layer, allowing it to absorb microwave energy, convert it to heat, and transfer that heat to the aerosol-generating substrate.
Jun.10
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Group reported its first-quarter 2026 results on April 30. Net revenues were $5.43 billion, up 3.2% year on year, while revenues net of excise taxes were $4.76 billion, up 5.3%. Reported diluted EPS was $1.30, up more than 100%, and adjusted diluted EPS was $1.32, up 7.3%.
May.06 by 2FIRSTS.ai
Argentina Issues Resolution 549/2026 to Regulate Vapes, Heated Tobacco and Nicotine Pouches
Argentina Issues Resolution 549/2026 to Regulate Vapes, Heated Tobacco and Nicotine Pouches
Argentina’s government has created a comprehensive regulatory framework for nicotine products, including vapes, heated tobacco and nicotine pouches, through Resolution 549/2026 published in the Official Gazette. The new regulation ends the previous prohibitive framework and establishes rules to organize the market by requiring traceability, quality standards and mandatory registration for all manufacturers and retailers operating in the country.
May.06 by 2FIRSTS.ai
Special Report|Haypp’s Nicotine Pouch Volumes Rise 40%: Who Controls the Digital Shelf for Modern Oral?
Special Report|Haypp’s Nicotine Pouch Volumes Rise 40%: Who Controls the Digital Shelf for Modern Oral?
Haypp Group reported a 40% year-on-year increase in nicotine pouch volumes in the first quarter of 2026, with U.S. and U.K. volumes rising 123% and 102%, respectively. Haypp says around 97% of its consumer traffic is organic and that its Media & Insights business provides brand owners with on-site visibility, trial activation and consumer intelligence. For international tobacco companies, Haypp may be both a growth partner for modern oral products and a new source of channel leverage.
Special Report
May.22
South Korea Moves Against Synthetic Nicotine Regulatory Gap as Three Companies Face Tobacco Business Act Probe
South Korea Moves Against Synthetic Nicotine Regulatory Gap as Three Companies Face Tobacco Business Act Probe
South Korea’s Ministry of Finance and Economy said on May 4 that it requested the Daejeon Metropolitan Police Agency and Gyeonggi Nambu Provincial Police Agency to investigate three sales companies on suspicion of violating the Tobacco Business Act.
May.06 by 2FIRSTS.ai