Can an EU member state’s ban on nicotine pouches be void under EU law?

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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Sergi Riudalbas

Legal analyst
Sergi holds a Master’s degree in European Union Law from the University of Amsterdam, where he also participated in the Fair Work and Equality Law Clinic. He graduated in Law from the University of Barcelona in 2019. He worked as a legal research intern at Global Human Rights Defence, an NGO that monitors human rights violations worldwide. He also engaged in a traineeship program in an Egyptian law firm in 2019, arranged by AIESEC.

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