Luxembourg is taking another step forward in its public health policy. With the final adoption of Bill 8333, the country is updating its anti-smoking arsenal by incorporating developments in the market and in European regulations. The bill transposes Directive (EU) 2022/2100, which now bans flavourings for heated tobacco products and requires health warnings on their packaging. It also sets out the rules for the labelling, presentation and marketing of these products, including electronic cigarettes and nicotine-free liquids. Vending machines will now have to display health warnings and will no longer be allowed to display promotional graphics. Cigarette packs may only be sold in multiples of five, a measure aimed at limiting fragmented sales and making consumption less accessible to younger people.
The major new feature of the text, however, is the supervision of “new nicotine products”, in particular nicotine pouches, which until now have been exempt from any specific regulation. They are now subject to the same rules as tobacco: a ban on advertising, a ban on sales to minors, labelling and notification requirements, and above all a strict limit on nicotine content of 0.048 mg per pouch or per gram. Additives such as caffeine and CBD are also banned. The use of these products will be restricted in certain public places, particularly those frequented by young people.
Reactions to this reform are mixed. Public health organisations such as the Cancer Foundation, the Medical College and the Ombudsman for Children and Young People (OKAJU) have welcomed the text as necessary and long-awaited, even regretting that it lags behind other European countries. They believe that tougher rules will curb the spread of products perceived as harmless but addictive, particularly among teenagers. However, the Medical College argued for a clearer distinction between consumer products and those used for nicotine withdrawal purposes, so as not to discourage health approaches.
On the other hand, the Chamber of Commerce strongly criticised the draft, denouncing an over-transposition of European law - a “gold-plating” - and a risk of distorting competition with neighbouring countries. In its view, certain provisions, in particular the extreme limitation of nicotine levels, amount to a disguised ban. The economic institution also warns against the risk of a black market and cross-border purchases, which have already been observed in other countries after bans were imposed too quickly. It also deplores the lack of a sufficient transition period to allow businesses to clear their stocks or adapt their products.
The Council of State lifted its final reservations in July 2025, paving the way for adoption without a second constitutional vote. The text will come into force on the first day of the month following its publication in the Journal Officiel, with the exception of the new rules on display on vending machines, which will apply after a three-month delay.
