Netherlands bans nicotine pouches

The Dutch government said on April 21 that it plans to ban the sale of all types of nicotine pouches in the Netherlands, while expanding tobacco regulations to all other types of non-tobacco nicotine products. The government also plans to ban the consumption of nicotine pouches in places where smoking is prohibited.

The government said the ban should clarify the situation regarding the regulation of nicotine pouches. Until now, they were only allowed to be sold if they contained less than 0.035 grams of nicotine. Now, all such products are included in the tobacco products category, which are prohibited from sale.

Other non-tobacco nicotine products, such as vaping stones, which are offered as less risky "alternatives" to shisha tobacco, will be subject to the same rules as tobacco products. This means that bans on advertising and sales to minors will apply.

Products designed to recruit new consumers

According to the Secretary of State for Health, Welfare and Sport, Van Ooijen, these new products containing nicotine are marketed by the tobacco industry to recruit new young consumers. He specifies: It makes sense to treat products that can be used as alternatives to tobacco products under the same law (...) We are thus taking a new step in creating a tobacco-free generation. »[1].

In early April, Belgium also banned nicotine pouches in anticipation of a tobacco-free generation, recalling that nicotine pouches are clearly marketed with a target audience of young people given the many flavours on offer.

By banning not only the sale of the pouches but also their consumption in places where smoking is prohibited, the Dutch government wants to respond to one of the manufacturers' main marketing arguments, namely that the nicotine pouch can be consumed anywhere and at any time.

Unclear regulations surrounding nicotine pouches

In Europe, these products are often marketed under the misleading name of "snus". While nicotine pouches are consumed in the same way as snus, by being placed between the upper lip and the gum, these nicotine pouches do not contain tobacco. However, their nicotine content is very high. The market for these products is growing very rapidly, with global sales increasing from 292 million units in 2018 to 6.8 billion units in 2021, an increase of more than 2,000 %.

Since nicotine pouches do not contain tobacco but synthetic nicotine, these products pose specific legislative problems. Manufacturers take advantage of the legal uncertainty surrounding these products to market them aggressively at points of sale and online. A recent study[2] reviewed the regulations on nicotine pouches across countries. Different regulatory strategies are adopted from one state to another. Most of these regulations are related to those relating to tobacco products or their derivatives. According to the authors of this study, one possible regulatory path would involve the regulation of nicotine as such.

Keywords: Netherlands, nicotine pouches, ban, new products, tobacco-free generation

AE

[1] Press release, Kabinet besluit tot totaalverbod op nicotinezakjes, Government of the Netherlands, published April 21, 2023, accessed April 24, 2023

[2] Generation without tobacco, International status of regulations on nicotine pouches, published February 9, 2023, accessed April 24, 2023