"Vaping Is Not Smoking": France Rallies Against New Vape Tax & Ban

A wave of protest is sweeping across France as the vaping community, from individual users to independent shop owners and manufacturers, mobilizes against a proposed new law that they warn could decimate the industry and deal a severe blow to public health. At the heart of the conflict is Article 23 of the 2026 draft Finance Bill, a set of measures that seeks to impose a new tax on e-liquids, ban online sales, and align vape shops with the stringent regulations governing tobacco outlets. In response, a national day of action saw hundreds of professionals and supporters demonstrating in cities like Strasbourg and Orléans, while an online petition titled “Vaping is not smoking” gathered nearly 100,000 signatures in a record-breaking three days. This unprecedented mobilization highlights a deep-seated fear that the French government is on the verge of making a critical mistake: treating a vital smoking cessation tool as if it were the same as a deadly combustible cigarette.

What is Article 23? Unpacking the Proposed Vaping Regulations

The controversy stems from Article 23 of the 2026 Finance Bill, a legislative proposal that, if passed, would fundamentally alter the vaping market in France. While the bill was initially rejected in a finance committee on October 22, 2025, it could still be adopted during a public session at the National Assembly, with a key vote scheduled for November 23rd. The article mandates several sweeping changes:

A New Tax on E-Liquids: The bill proposes a new excise tax on all vaping e-liquids, ranging from 30 to 50 cents per 10-milliliter bottle, depending on the nicotine content. This would directly increase the cost for consumers, potentially making vaping a less affordable alternative to smoking.
A Ban on Online Sales: The legislation would prohibit the online sale of all vaping products. Proponents argue this is to limit youth access, but the industry contends it would severely restrict distribution, particularly for consumers in rural or less urbanized areas who rely on e-commerce.
Stricter Regulations for Physical Shops: The bill includes a series of binding obligations that could align specialist vape shops with the highly restrictive regime of “débits de tabac” (licensed tobacco outlets). The industry fears these constraints would be so burdensome that they could force a large number of independent shops to close.

Industry leaders are sounding the alarm. Hervé Delille, President of the vape store chain Cigusto and an administrator of FIVAPE (the French interprofessional vape federation), is convinced that this measure “is a maneuver by the tobacco industry” to eliminate its most effective competitor. The vaping industry argues that these regulations were drafted without any meaningful consultation with them. “The vaping sector was not audited to put this in place,” Delille stated during a protest in Orléans.

The Core Argument: Vaping as a Powerful Smoking Cessation Tool

The rallying cry of the movement, “Vaping is not smoking,” encapsulates the central argument of the opposition. Vaping advocates and public health experts who support harm reduction emphasize that the electronic cigarette has revolutionized how smokers can break free from tobacco addiction. In France, several million vapers report having successfully quit smoking, often after years of failed attempts with traditional nicotine replacement therapies (NRTs) like gum or patches.

The success of vaping as a cessation tool is attributed to several factors that traditional NRTs cannot replicate:

Sensory and Behavioral Simulation: The act of vaping—holding the device, the hand-to-mouth gesture, inhaling and exhaling a visible cloud—recreates an experience sensorially and behaviorally close to smoking, which can be crucial for addressing the psychological aspects of the habit.
Customizable Nicotine Delivery: Vaping allows for precise nicotine dosing, with e-liquids available in a wide range of concentrations (from 0mg up to regulated limits). This enables users to tailor their intake to their specific needs and gradually reduce their nicotine level over time.
Flavor Variety: The wide array of available aromas, from classic tobacco blends to fruity or gourmet flavors, plays a critical role in helping smokers distract themselves from the taste of tobacco and remain smoke-free.
Choice of Equipment: The diverse hardware options—from simple pod systems to advanced box mods and rebuildable atomizers—allow users to customize their experience in terms of vapor production, warmth, and inhalation style (direct or indirect).

This nuanced approach is supported by robust scientific evidence. A meta-analysis conducted by Cochrane, a globally recognized authority in evaluating health practices, combined 90 studies and concluded that e-cigarettes are significantly more effective for smoking cessation than traditional NRTs. This scientific recognition reinforces the industry’s position that equating vaping with smoking is a dangerous oversimplification that ignores the fundamental difference in risk profiles.

The Role of Specialist Vape Shops: More Than Just Retailers

A key concern raised by the proposed ban on online sales and stricter shop regulations is the potential loss of specialist vape shops. These businesses, advocates argue, play an essential role that goes far beyond simple retail transactions. They act as crucial hubs for support and education, particularly for smokers just beginning their transition to vaping.

Personalized advice is essential, as every vaper’s journey is unique. Staff in specialist shops can guide newcomers in choosing appropriate equipment, selecting the right nicotine level to avoid withdrawal or overconsumption, and mastering techniques like direct vs. indirect inhalation. They also provide essential education on proper equipment maintenance, such as cleaning atomizers, which is vital for a good experience. Without this expert support, many new users might become frustrated and give up prematurely, potentially returning to smoking. The closure of these shops due to burdensome regulations would eliminate this vital support system.

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The Predicted Consequences: A Public Health and Economic Setback

Opponents of Article 23 warn of severe and multifaceted negative consequences if the law is passed as written.

Economic Impact:

Massive Job Losses: The French vaping industry represents a robust ecosystem of several thousand direct and indirect jobs. FIVAPE estimates that the new regulations could threaten up to 20,000 jobs across manufacturing, distribution, and retail.
Closure of Small Businesses: The combination of an online sales ban and stricter in-store regulations could lead to the massive closure of independent vape shops, which are major players in providing advice and support to users.
Consolidation of the Market: The elimination of smaller, independent players could consolidate the remaining market in the hands of larger corporations, potentially including those with ties to the tobacco industry.

Public Health Impact:

A Return to Smoking: The primary public health concern is that making vaping more expensive, less accessible, and less appealing could drive thousands of former smokers back to combustible tobacco, with its well-documented and devastating health consequences.
Growth of a Black Market: Restricting legal access often fuels the growth of an unregulated black market. This would lead to the proliferation of products with unknown ingredients and no quality control, endangering public health far more than a regulated market.
Undermining Harm Reduction: By treating vaping as equivalent to smoking, the government would be undermining a key public health strategy of tobacco harm reduction, which has been successful in other countries.

Aymeric d’Andigné, Secretary General of Cigusto, which has 250 stores in France, acknowledged the need to legislate against youth vaping but argued that it can be done without destroying the independent market. “We have already made efforts on our side: we have sharply reduced the fruit flavors that might appeal to and be consumed by the youngest. If they want to legislate on that, they are welcome! But they can do it without directly attacking the market of independent sellers,” he stated.

The Call for a Smarter Approach

Faced with this threat, the French vaping industry and its supporters are not calling for a lack of regulation, but for a more intelligent and evidence-based approach. Their key demands include:

A Pause on the Project: Hervé Delille has called for a 12 to 24-month pause on the implementation of Article 23 to allow for proper consultation.
A Separate Regulatory Pathway: They advocate for vaping to be regulated under the public health code, detached from the Ministry of Economy and tobacco regulations, recognizing its distinct role as a harm reduction tool.
Meaningful Consultation: A call to bring all stakeholders—legislators, public health experts, industry professionals, and consumer associations—to the table to co-create sensible regulations that protect youth without penalizing adult smokers.

The lightning-fast mobilization behind the “Vaping is not smoking” petition demonstrates a powerful citizen-led resistance against what many see as a retrograde and harmful policy. The issue now goes beyond the vaping community itself, touching on the core of French public health strategy in its long-standing fight against tobacco.

Reference: Taxe sur la vape dans le budget 2026 : “Nous sauvons des vies”, estiment les commerçants du milieu à Orléans

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.