In its 2020 beating cancer plan, the european commission announced plans for mandatory warning signs for alcoholic beverages. However, no concrete legislative proposal has been put forward so far. Instead, ireland passed national legislation in 2023 that requires warning signs for all alcoholic beverages from 2026. Despite significant effects for the common market, the eu commission did not this challenge this law in the so-called tris notification procedure. We argue that the commission’s inaction is consistent with the case law of the european court of justice: in the absence of harmonized rules, member states have a large margin of discretion to enact national health measures.