Italy and Greece have filed formal detailed opinions with the European Commission against Ireland’s draft legislation on electronic cigarettes and nicotine pouches. The regulatory challenge, submitted under the EU Single Market Transparency Directive (TRIS) procedure, freezes the Irish bill until October 7, 2026, while European authorities examine potential market disruptions.
Notified on April 2, 2026, under Directive (EU) 2015/1535, the Irish draft text amends the Public Health Act 2023. Dublin’s proposed rules introduce sweeping restrictions intended to curb youth nicotine consumption, including:
- A total ban on non-tobacco flavors in electronic cigarettes.
- Prohibitions on product naming that references flavors.
- Mandatory plain packaging for all vaping hardware and e-liquids.
- Bans on both physical point-of-sale and online product displays.
- Specific color requirements for nicotine-containing liquids, alongside extending identical controls to nicotine pouches.
Rome Cites Trade Law and Illicit Market Risks
The Italian objection was drafted by the Ministry of Enterprise and Made in Italy in coordination with the Ministry of Health. Rome argued that Dublin’s unilateral action interferes with the European Commission’s ongoing revision of Directive 2014/40/EU (the Tobacco Products Directive). Italy asserted that individual member states adopting divergent technical rules undermines the principle of sincere cooperation under Article 4(3) of the Treaty on European Union.
Italian regulators also challenged the proportionality of the measures under Article 34 of the Treaty on the Functioning of the European Union (TFEU). The filing argued that Ireland failed to assess less restrictive alternatives, such as stricter age verification systems or enhanced border checks. Rome warned that plain packaging and display bans would make it harder for consumers and authorities to distinguish genuine items from counterfeit goods, driving illicit trade.
While the Italian government affirmed that protecting minors from nicotine addiction is a legitimate public health goal, it demanded that Ireland provide scientific proof that each specific trade restriction is necessary.
Athens Defends Domestic Manufacturing and Export Interests
The Greek opinion, submitted by the General Secretariat for Industry and signed by Secretary General Dr. Eleftherios Kritikos, challenged the same provisions under Articles 34 and 36 of the TFEU. Athens asserted that the Irish law would force cross-border manufacturers to create bespoke product lines exclusively for the Irish market or withdraw their products entirely.
Dr. Kritikos emphasized that Greece maintains a large domestic manufacturing and export base for tobacco, e-cigarettes, and oral nicotine pouches. The Greek filing stated that Ireland’s technical barriers would place an unfair financial compliance burden on European exporters without demonstrating that trade-friendly alternatives were unviable. Greece also formally requested an extension of the standstill period while EU-wide legislation remains in development.
Industry Footprint Shapes the Regulatory Conflict
In both nations, the legal challenges were initiated by industry and commerce ministries rather than public health departments; Italy’s Ministry of Health had originally supported the Irish health objectives. The opposition instead relies strictly on trade principles and product proportionality.
Both nations maintain close ties to major tobacco manufacturing infrastructure:
- Italy: Philip Morris International operates its primary IQOS heated tobacco manufacturing complex in Crespellano, near Bologna, alongside agricultural contracts worth hundreds of millions of euros through 2027.
- Greece: Philip Morris subsidiary Papastratos invested roughly €300 million to convert its Aspropyrgos facility into an IQOS manufacturing hub producing 20 billion units annually.
According to tobacco control watchdogs, both countries have previously intervened against strict nicotine restrictions across Europe, including earlier initiatives targeting oral nicotine pouches and Spanish sales regulations. By issuing formal TRIS objections, Italy and Greece have pushed back the implementation of Ireland’s domestic bill by several months.
