United States: Call for stricter regulation of smokeless tobacco and nicotine products

The American tobacco control organization Truth Initiative calls on the US Food and Drug Administration (FDA) to tighten regulations on smokeless tobacco products (chewing tobacco or snuff) as well as nicotine pouches, which do not contain tobacco and are popular with teenagers because of the wide variety of flavors available[1].

Tobacco or nicotine pouches are not subject to the same restrictions as other smoked tobacco and nicotine products and are subject to many regulations (advertising, taxation, etc.). These products have also escaped the restrictions on flavors that have been enacted for electronic and traditional cigarettes in the country (respectively January 2020 and April 2021 for menthol)[2]-[3].

Distinction between smokeless tobacco products and nicotine pouches

There are several types of smokeless tobacco in the United States: chewing, snuffing, and dissolving. These products are consumed orally (either by placing the tobacco in the cheek or against the gum or through the nose). Some of these products, such as snus, come in a variety of flavors. Other products, similar in their mode of consumption and presentation, are nicotine pouches. These also come in many flavors and are gaining popularity, especially among young people. They are consumed in the same way: the pouches are placed between the lip and the gum and absorption occurs through saliva. Nicotine sucking pouches do not contain tobacco, but a white powder containing nicotine. They deliver more nicotine (6 mg of nicotine/pouch) than a traditional cigarette (1 to 3 mg).

Confusion between products maintained by the tobacco industry

Tobacco manufacturers recognize that traditional smoking is declining and have invested heavily in new smokeless nicotine products that they market as less harmful and can be consumed anywhere and at any time in order to "maintain and grow a captive, addicted consumer market." The marketing narrative around smokeless tobacco products and nicotine pouches is very similar in the United States.[4]. RJ Reynolds (which markets two brands of nicotine pouches) has, for example, increased its marketing targeting towards co-consumers (traditional cigarettes and tobacco/nicotine pouches) by focusing on the "advantages" of these products, namely that they can be consumed in public places where smoking is prohibited.

With a similar presentation and consumption method, tobacco manufacturers deliberately maintain confusion and often present nicotine pouches as "snus" in their marketing discourse, which does not make it easy to distinguish them.[5] between the different products. This amalgamation has two purposes: to weaken the regulations in place and to present these products as risk-free alternatives. With these nicotine or tobacco pouches, the tobacco industry continues its argument on reduced risks: smokeless products are, according to manufacturers, designed for smokers who wish to stop smoking or reduce their consumption.

A need to further regulate these products for the sake of public health

Truth says the FDA should clarify the regulatory status of these smokeless products, which should be subject to the same regulations as other smoked tobacco and nicotine products, including flavors, advertising, and taxation. The FDA should issue a blanket standard eliminating flavors from all tobacco and nicotine products, including smokeless products. The Truth Initiative has long supported eliminating flavors from all tobacco and nicotine products in the United States because they have been widely used to attract adolescents and young adults. The FDA should also restrict the marketing of these smokeless products so that they do not target or attract youth. Federal and local taxes should be set as high as possible on all tobacco products, including smokeless products, to discourage youth from using them. Finally, federal and local authorities should ensure that these products are subject to the same laws and regulations as those in force for smoke-free spaces.

Finally, smokeless products are not proven tools for quitting smoking. They are not approved by the FDA as cessation tools. Federal agencies such as the FDA and the National Institutes of Health should redouble their efforts to ensure that tobacco addiction treatment is based on scientifically validated treatments that are accessible to all smokers in the country.

Keywords: United States, FDA, nicotine pouches, smokeless tobacco, snus, new products, flavors

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[1] Fact sheet, Smokeless tobacco: Facts, stats, and regulations, Truth Initiative, September 24, 2021, accessed September 27, 2021

[2] FDA News Release, FDA finalizes enforcement policy on unauthorized flavored cartridge-based e-cigarettes that appeal to children, including fruit and mint, January 2, 2021, accessed September 27, 2021

[3] Generation Without Tobacco, US Bans Menthol Cigarettes, April 29, 2021, accessed September 27, 2021

[4] Generation Without Tobacco, The Tobacco Industry's Selling Points for Its Nicotine Pouches, May 10, 2021, accessed September 27, 2021

[5] Generation Without Tobacco, Snus or nicotine pouches? The industry confuses the issue, June 22, 2021, accessed September 27, 2021