Italy challenges Ireland’s disposable vape ban

Italy has issued a formal objection to Ireland’s proposed ban on disposable vapes, arguing the measure breaches EU law and lacks sufficient scientific justification, in a move that has now delayed the legislation until at least June 2026.

The detailed opinion, submitted under the EU’s Technical Regulation Information System (TRIS), extends the standstill period on Ireland’s Public Health (Single-Use Vapes) Bill 2025 to 19 June 2026, preventing the country from progressing the measure during that time.

Ireland had notified the draft law to the European Commission in December 2025, proposing a prohibition on the retail sale of all single-use vapes, whether nicotine-containing or not. However, Italy’s intervention raises concerns over the legality and proportionality of the move.

At the heart of Italy’s argument is that a blanket ban would constitute a restriction on the free movement of goods within the EU. The opinion states that prohibiting products that are lawfully manufactured and sold in other member states would breach fundamental internal market principles, including those established in the landmark Cassis de Dijon ruling.

Italy also questions the evidence base behind the proposed ban, claiming Ireland has failed to demonstrate a “genuine risk to public health” supported by the latest scientific data. It argues that the measure does not meet the EU’s strict requirements of necessity and proportionality, particularly given the absence of a thorough assessment of less restrictive alternatives.

According to the document, Ireland’s impact analysis did not adequately explore options such as stricter age verification, targeted awareness campaigns or differentiated taxation, instead focusing largely on a total prohibition versus minimal intervention.

The opinion further contends that the proposed ban is incompatible with the EU Tobacco Products Directive (TPD), which prevents member states from restricting products that comply with EU rules unless exceptional public health circumstances can be clearly demonstrated. Italy argues that Ireland has not provided sufficient evidence to justify such an exception.

Beyond product regulation, the submission highlights potential impacts on businesses, warning that the ban could infringe on the freedom of establishment by preventing companies from operating in Ireland despite being legally active elsewhere in the EU.

The intervention also reflects broader concerns about regulatory fragmentation, with Italy cautioning that unilateral national measures risk pre-empting future EU-wide reforms in the tobacco and nicotine sector.