Französisch-polynesien
In a landmark decision on December 25, 2025, the Conseil d’État, France’s highest administrative court, overturned French Polynesia's comprehensive ban on e-cigarettes. This ruling nullifies Article 76 of the territory’s recent anti-tobacco legislation, which aimed to prohibit the import and sale of vaping products starting July 1, 2026, and July 1, 2027, respectively.
In late August 2025, French Polynesia's legislative assembly, led by the Tavini majority, passed an anti-tobacco law that included a sweeping ban on e-cigarettes. This legislation positioned the territory as having the most restrictive vaping regulations within France, extending beyond the original proposals from the French government. The ban faced immediate opposition from local importers and distributors of vaping products.
In September 2025, a collective of local businesses filed a lawsuit with the Conseil d’État, challenging the legality of the e-cigarette ban. They argued that the prohibition was disproportionate, especially since traditional cigarettes remained legal. The court's decision to revoke Article 76 validates these concerns, emphasizing that the ban constituted an excessive restriction on commerce and personal choice.
With the overturning of the ban, French Polynesia will align its vaping regulations with those of mainland France. This includes implementing a licensing system for the sale of e-cigarettes and prohibiting sales to minors. The ruling is seen as a significant victory for the vaping industry and advocates of harm reduction strategies in tobacco control.
The decision underscores the importance of balanced public health policies that consider both the rights of consumers and the need for regulation. It also highlights the role of the judiciary in reviewing and potentially overturning legislative actions that may overreach or lack proportionality.
