Concern over the emergence of nicotine pouches and the lack of adequate regulation has certainly arisen in Europe.

The recent proposal from Belgium to ban the placing on the market of nicotine pouches might be overturned by the Court of Justice of the European Union (CJEU), on grounds that it contravenes European legislation.

This report seeks to assess the arguments that may be used by the CJEU when examining the conformity of the Belgian ban with EU law.

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Table of contents

  1.  Executive summary
  2. Introduction
  3. Freedom of goods
  4. Can the Belgian ban be considered a MEE to a quantitative restriction?
  5. The Belgian justification of the ban
  6. Can the Belgian ban be justified? The proportionality test
  7. Arguments in favour of finding the Belgian ban disproportionate
  8. Arguments in favour of finding the Belgian ban proportionate
  9. Conclusion

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