There is little to report in France since the 2023 edition of the Nanny State Index was published, except a change to the tax rates on sugary drinks. Like the UK, however, there is much in the pipeline and it remains in the top half of the table thanks to its harsh anti-smoking legislation, sugar tax and strict alcohol advertising laws, although it does somewhat better on e-cigarettes and food. A bill banning disposable vapes has already been passed and the health minister has said she wishes to ban nicotine pouches.

There is an extensive ban on smoking in bars, restaurants and workplaces, but some smoking rooms are permitted. Smoking is banned in cars carrying passengers under the age of 18 and there has recently been a trend towards banning smoking outdoors. Paris has now banned smoking in 52 parks and gardens. Marseilles and La Rochelle have both banned smoking on several beaches. A tobacco display ban is in place and France is one of eight EU countries to have introduced plain packaging. Large increases in tobacco taxation in the last decade have left the French with the fourth highest cigarette duty of the 29 countries in the list (or the sixth highest once adjusted for income).

Vaping is currently legal in bars and restaurants but since October 2017 it has been prohibited in educational institutions, public transport and open plan offices. People who flout the ban can be fined between €35 and €150. In places where vaping is permitted, legislation obliges the owner to put up a sign telling customers what their vaping policy is. There are no restrictions on e-cigarette flavours and no excise tax on vape juice.

Free refills of soft drinks in restaurants were banned in January 2017. A 2004 ban on sweets and sugary drinks being sold from vending machines had no effect on children’s calorie intake. Undeterred by failure, the government banned all food and drink vending machines from schools in 2017.

There is a full ban on tobacco advertising and a near-total ban on e-cigarette advertising. The latter is only legal in vape shops. All television adverts for food that is processed or contains added sugar, fat, sweeteners and/or salt must be accompanied by a message from the National Institute of Health Education (e.g. ‘For your health, avoid snacking between meals’). France has had some of the world’s most restrictive alcohol advertising laws since 1991, with a total ban on television and heavy restrictions on what companies can say about their product in other media.

The sale of alcohol is banned in sports stadiums. When a bill was put forward in 2019 to relax this law, the health minister Agnès Buzyn responded by saying that it should instead be extended to include VIP areas. The law requiring all drivers to keep a breathalyser in their car has, however, now been repealed.

There is a special tax on beverages that contain more than 18 per cent alcohol. Known as the ‘cotisation de sécurité sociale’, it adds €5.79 to a litre of strong drink. Fortunately, wine remains very affordable with a tax of just €0.04 per litre.

With thanks to Institut économique Molinari