Article 23 passed in the Senate: vaping facing an uncertain future

Nobody saw it coming. Just as hope was rekindled after the removal of Article 23 in the National Assembly, the Senate has brutally reignited the debate. The Finance Committee has delivered its verdict: adoption of Article 23… without any changes.

Taxation of e-liquids, ban on online sales, mandatory approval for shops: everything would be maintained, exactly as planned in the government's original version.
A real hammer blow for the vaping industry, professionals… and vapers.

Faced with this unexpected turn of events, FIVAPE is calling for a national rally on December 9 in Paris, a final mobilization before the Senate's decisive vote scheduled for December 15.

Here is what you absolutely need to understand.

Why is Article 23 back on the table?

After the National Assembly's overall rejection of the PLF 2026, the text arrived at the Senate in its full version, including Article 23.
Until then, nothing alarming: senators could remove the article, or at least amend it.

But on November 24, a dramatic twist: the Senate Finance Committee recommends adopting Article 23 as it stands.

This committee plays a major role:

• It guides the other senators in their vote,
• Its positions are often followed during the session,
• It directly influences the political balance of power.

In plain terms: amendments favorable to vaping now risk being rejected in the public session.

What Article 23 actually contains

If adopted without changes, Article 23 would mean:

End of online sales of e-liquids and equipment

No more specialist websites, no more deliveries, no more choice, no more deals for vapers far from physical stores.

Massive taxation of e-liquids

With an excise duty that would send prices skyrocketing.
Immediate consequences: return to tobacco OR explosion of the black market.

Mandatory approval to open or run a vape shop

Alignment with the tobacconist model, with the disappearance of a large proportion of independent shops.

This is the announced end of 85% of the French vaping industry.

Why are the coming weeks crucial?

Here are the key dates to remember:

November 27 – Start of Senate debates

Senators are examining the amendments to remove or amend Article 23.
Several amendments favorable to vaping exist, but the Finance Committee will give an unfavorable opinion.

December 9 – National demonstration in Paris (FIVAPE)

This is THE most important date before the final vote.
This rally aims to:

• Showing that vapers, professionals and experts refuse the destruction of the sector
• Making the real impact of Article 23 visible
• Putting pressure on undecided senators

This is probably the last window for mobilization before the vote becomes politically locked in.

December 15 – Senate final vote

The version voted by the senators will become the only existing political basis.

Why?
Because the National Assembly no longer has a text: it rejected the entire PLF.
This means that during the Joint Committee, the MPs… will have nothing to defend.

Only the Senate's version will count.

If Article 23 survives the Senate, it will be virtually impossible to make it disappear afterwards.

What happens next?

The Joint Committee (CMP) will take place after December 15.
But this year, it looks set to be very unusual:

• MPs arrive without a text
• The CMP cannot remove an article, only amend or validate it
• Predictable votes show it will be difficult to obtain a majority against Article 23

If the CMP fails (which is considered highly likely), the government will fall back on a special law, based… once again… on the version voted by the Senate.

The only way to influence the text is to act BEFORE the December 15 vote.

Why is the December 9 rally decisive?

Because it has two major objectives:

Convincing senators to remove or amend Article 23

The following amendments are at stake:

• Several outright removals of the article
• Several "fallback" amendments to:
• • Saving online sales
  • Removing the taxation on certain liquids
  • Delaying the entry into force
  • Taking vaping out of the framework designed for tobacco

Without public pressure, the balance of power will be lost before it even begins.

Exerting political influence on the future PLF 2026

If the CMP fails, the government will have to rewrite a new PLF at the start of 2026.
The Senate version will serve as the basis.

This means that the December 15 vote will influence legislation in the long term.

What can vapers do today?

You don't need to be a political scientist to understand that the fate of French vaping is being decided right now.

Sign the national petition

Every signature counts and helps increase media and political pressure.

Sign the petition: Vaping is not smoking. A letter to our elected officials.

Share the information around you

Many vapers have not yet understood what is happening. 

Attending the December 9 rally in Paris

This is the decisive moment.
It's now or never to save vaping in France.

Professionals, vapers, ex-smokers, associations, healthcare workers: the mobilization must be massive.

In brief

Article 23 represents the greatest threat ever faced by vaping in France.
This senatorial turn of events was not expected, but it is not too late to act.

December 9 and December 15 will be historic dates.
What the senators decide will determine the future of shops, French brands, jobs, but also…
… access for smokers to the most effective alternative to tobacco.