Nicotine sachets: CNCT files complaint for trafficking in poisonous substances

On the occasion of World No Tobacco Day on May 31, which focuses on the theme of protecting younger generations from tobacco industry lobbying, the National Committee Against Smoking (CNCT) is publishing the results of its observatory, reporting “anarchic” marketing of nicotine pouches. Given this observation, and considering that the sale of these products in France is illegal by nature, the CNCT is calling for a ban on the marketing of nicotine pouches and is filing a complaint with the Public Prosecutor for trafficking in poisonous substances classified in list I.

Nicotine pouches are based on the principle of snus - banned in the European Union with the exception of Sweden - but without tobacco. They are presented as pouches containing nicotine, to be placed between the lip and the gum, for a duration varying from twenty minutes to one hour.

Very high nicotine levels

In its press release, the CNCT warns of the particularly addictive nature of these products recently introduced onto the French market. Thus, the nicotine content of the sachets can reach up to 50 milligrams per gram. For comparison, A medical nicotine replacement such as chewing gum, which is delivered in a similar way to a nicotine pouch, contains 4 milligrams of nicotine. According to the National Committee Against Smoking, Far from being products intended to overcome addiction, these products are therefore vectors for entering nicotine.

A coordinated advertising strategy

As part of its missions and to document the advertising and marketing strategies for nicotine pouches, the National Committee against Smoking carried out 360 visits to 185 different points of sale. The results show an extremely rapid commercial development for these products, since 60% of the outlets offered nicotine pouches for sale.

This commercial strategy is notably driven by a colossal advertising investment, online or at points of sale. Thus, in 2023, 239 advertisements for nicotine pouches were noted on the Instagram network alone. Similarly, 55% tobacco stores advertised these products at the point of sale. This coordinated and illegal advertising strategy is based in particular on the diversity of flavors available, the reduction of risks that these products would pose for the consumer, and the possibility for the latter to consume nicotine pouches at any time and in any place, unlike tobacco and vaping products. For the CNCT, the manufacturer's advertising message primarily targets the younger generations, also insisting on the fact that online platforms do not implement rigorous control of the Internet user's age.

The sale of nicotine pouches is illegal in France

Above all, the anti-smoking association emphasizes that nicotine pouches cannot currently claim marketing authorization and do not belong to the category of exceptions concerning authorized nicotine products. In other words, the marketing of these products is completely illegal, and is similar to “the marketing of a poisonous substance included in list I – which includes substances or preparations, and medicines for human use and products presenting the highest risks to health – outside of any legal or regulatory framework, and in particular outside the exemption regime of article R.5132-2 of the Public Health Code”. In this way, the CNCT indicated that it had filed a complaint with the Public Prosecutor to this effect.

For the CNCT, it is up to the public authorities to guarantee the ban on the marketing of nicotine pouches. This choice was made in particular by Belgium and the Netherlands a few months ago. The development of these products seems to attract the attention of the public authorities, since the National Agency for Food, Environmental and Occupational Health Safety (ANSES) called at the end of 2023 for these products to be regulated. Several parliamentarians, such as Karl Olive, Paul Christophe or Vincent Seitlinger, have spoken out in favour of strengthening the regulations, or even a ban. The creation of a regulatory framework is one of the objectives of the new National Plan to Combat Tobacco Use (2023-2027).

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