Papeete, French Polynesia – In a significant victory for the vape industry, the Conseil d’État, France’s highest administrative court, has overturned a controversial total ban on e-cigarettes in French Polynesia. The ruling, reported by Radio 1, effectively nullifies Article 76 of the territory’s recently passed anti-tobacco law, which would have prohibited the import and sale of vaping products starting July 1st, 2026, and July 1st, 2027, respectively.
The ban, passed in late August with support from the Tavini majority, was particularly sweeping, positioning French Polynesia as having the most restrictive vaping regulations in all of France. Critically, it went further than the original legislative proposals put forth by the French government, sparking immediate opposition.
Local importers and distributors of vaping products filed a lawsuit with the Conseil d’État in September, challenging the legality of the ban. While initially focusing on specific aspects of the law, the companies ultimately argued against the complete prohibition of e-cigarettes while conventional cigarettes remained legal. They voiced concerns that the revisions were driven by political motivations rather than public health concerns.
Today, those concerns were validated as the industry collective secured a win with the court’s decision to revoke Article 76. The group had previously received support from the French employers’ association, Medef, but ultimately chose to pursue the case independently. As of this reporting, the companies have not issued a formal statement regarding the ruling.
What This Means for French Polynesia’s Vape Landscape
The overturning of Article 76 means a total ban on e-cigarettes will not be implemented in French Polynesia. Instead, the territory will align its vaping regulations with those of mainland France.
This revised approach will see the implementation of a licensing system for the sale of e-cigarettes, prohibiting sales to minors. Disposable vapes will be banned, and restrictions will be placed on flavors deemed appealing to youth, as well as products with high nicotine content. Advertising of vaping products will be significantly restricted, and public use will be limited.
Background: French Polynesia and its Regulatory Context
French Polynesia, a French overseas territory comprised of 118 islands and coral atolls in the South Pacific, is divided into five archipelagos: the Society Islands (including Tahiti and Bora Bora), the Tuamotu Archipelago, the Marquesas Islands, the Gambier Islands, and the Austral Islands. This ruling represents a major shift in the territory’s approach to harm reduction and highlights the ongoing debate surrounding vaping regulations globally.
This is a developing story and Vape Observation will continue to provide updates as they become available. We will be reaching out to industry stakeholders for further comment and analysis.
