Europe’s vape rules are heading for their biggest shake-up in a decade. The European Commission plans to publish its revision of the Tobacco Products Directive before the end of 2026. Meanwhile, a group of eight member states has just raised the stakes. On 6 October, their ministers wrote to the EU Health Commissioner calling for a broad flavour ban, plain packaging and a freeze on new nicotine products.
For distributors, this naturally raises big questions. What exactly could change? How soon? And what should you do with your range in the meantime? This guide breaks down what we know, what remains a proposal, and how to plan ahead with confidence.
What Is TPD3?
The Tobacco Products Directive (TPD) sets the EU’s ground rules for tobacco and related products, including e-cigarettes and e-liquids. The current version, Directive 2014/40/EU, has applied across member states since May 2016. Among other things, it caps nicotine concentration and limits refill bottles to 10ml. It also requires brands to notify products before they go on sale. For a refresher on how it works today, read our guide to TPD and TRPR rules.
“TPD3” is the industry’s shorthand for the next revision. First, the Commission published its evaluation of the current rules in April 2026. Next, it opened a public consultation in May, which closed on 14 August. Now, the Commission aims to present its proposal before the year ends.
Why Is the EU Revising the Rules Now?
In short, the market has moved faster than the law. The Commission’s evaluation found that EU tobacco rules have helped to reduce smoking. However, it also flagged growing challenges from new nicotine products, particularly among young people. Nicotine pouches, for instance, sit outside the current Directive entirely.
As a result, the consultation explored several big themes. These included widening the scope from tobacco to all nicotine products and harmonising flavour rules. It also covered tighter controls on digital advertising. We explored how these pressures have built over time in The Future of Vape Regulation.
This Week’s Letter: What Eight Member States Want
On 6 October 2026, ministers from eight countries wrote to Commissioner Olivér Várhelyi. The signatories were the Netherlands, Belgium, Finland, France, Hungary, Latvia, Slovenia and Spain. Notably, they timed the letter to shape the Commission’s thinking before its proposal lands.
Their key requests include:
- A market freeze on nicotine products that the TPD doesn’t currently regulate.
- A broad flavour ban across all products.
- Strict nicotine limits, plus standardised products and devices.
- Plain packaging for all products.
- Advertising bans that cover social media, influencers and other third parties.
- An end to cross-border distance sales within the EU.
- Freedom for member states to ban disposables and, in some cases, nicotine pouches.
That said, this coalition is smaller than before. Twelve member states signed a similar letter in March 2025. This time, five of those countries didn’t sign, while Hungary joined. The disposables point also echoes a wider trend, which we covered in The 2027 Countdown.
What’s Confirmed and What’s Still a Proposal?
It pays to separate signal from noise here. Right now, the letter is a political position, not law. Equally, no EU-wide flavour ban exists today.
Here’s where things stand:
- Confirmed: the revision is under way, and the public consultation has closed.
- Expected: a Commission proposal before the end of 2026.
- Proposed only: flavour bans, plain packaging, market freezes and new nicotine limits.
Once the Commission publishes its proposal, the European Parliament and the Council must agree on a final text. After that, each member state needs time to write the rules into national law. In practice, any changes will likely take years, not months, to reach shop shelves.
Also, product rules and tax rules follow separate tracks, since the Tobacco Excise Directive has its own process.
Flavours Are Already Restricted in Some Markets
Even without TPD3, flavour rules vary widely across Europe. The Netherlands, Denmark, Finland, Estonia, Lithuania, Hungary and Slovenia already restrict e-liquid flavours nationally. In addition, Belgium plans to allow only tobacco and unflavoured products from 2028.
So, for many distributors, managing a split flavour portfolio is nothing new. TPD3 could simply make that patchwork more uniform, whichever way it goes.
How Distributors Can Plan While the Rules Take Shape
Nobody can predict the final text yet. However, a few practical steps can keep your business flexible.
Map Your Range Against National Rules
Start by checking which of your markets already restrict flavours. Then, flag the SKUs that would be affected if those rules spread.
Keep a Strong Tobacco and Menthol Offer
Tobacco and menthol profiles have so far tended to survive in markets with flavour restrictions. Pod Salt’s Core range, for example, includes tobacco favourites such as Virginia and Havana Gold, alongside Ice Menthol. Meanwhile, Nexus and Fusions continue to serve markets that still permit wider flavours.
Work With a Supplier That Tracks Regulation
Rules can shift quickly, so your supplier should spot changes early and adapt fast. Pod Salt supplies distributors in more than 50 countries, with each range built to meet local requirements. Our guide to vetting a nic salt supplier explains what else to look for.
Prepare for Packaging and Product Changes
Plain packaging or standardised devices would mean new labels, cartons and, possibly, new formats. Because Pod Salt is made in Britain, we keep close control over production, labelling and documentation. As a result, we can adapt quickly when rules change. Similarly, battery rules are already reshaping hardware, as our EU Battery Regulation guide explains.
Stay Ahead of TPD3 With Pod Salt
TPD3 won’t rewrite the rules overnight. Still, the direction of travel matters now, especially for range planning. The Commission’s proposal could arrive within weeks, so we’ll keep tracking each stage as it unfolds.
In the meantime, our trade team can help you review your range against the markets you serve. Get in touch today to discuss stocking Pod Salt, or register for a free sample.
