Vaping Remains Legal in French Polynesia as Ban Overturned
The French Council of State has declared Article 76 of the recent tobacco law in French Polynesia illegal, effectively overturning a planned total ban on the importation and sale of vaping products. The controversial article, introduced unexpectedly by Senator Lana Tetuanui during a marathon legislative session in late August, sought to completely prohibit e-cigarettes and related liquids by 2026 and 2027, citing concerns over youth usage and illicit drug consumption.
Local importers and distributors, who had challenged the amendment as “electoral posturing” that favored traditional cigarettes, welcomed the decision. They argued that banning vapes while keeping more harmful combustible tobacco legal was illogical. The Council of State’s ruling brings relief to the industry and aligns with the executive’s original intent.
Despite this annulment, the core of the “Tobacco Law 2” remains intact and can now be promulgated. While a total ban is off the table, the legislation introduces significant restrictions aligning vape regulations with those of tobacco. Key measures include:
- Ban on “Puffs”:Â Single-use disposable vapes will be prohibited.
- Sales Restrictions:Â Sales to minors are banned, and vendors must hold a license.
- Flavor and Nicotine Limits:Â Dozens of “exotic” flavors deemed attractive to youth and high-nicotine products will be restricted.
- Public Use and Ads:Â Advertising will be largely proscribed, and vaping in public spaces will be restricted.
This outcome represents a compromise, enforcing stricter controls to protect public health without completely eliminating the legal vaping market.
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