Finland is set to ban all nicotine pouch flavours except menthol and mint.
The Finnish Ministry of Health has tabled a revised version of the country’s Tobacco Act, which will bring pouches under much tighter regulation.
As well as banning flavours, the amount of nicotine allowed in pouches will be limited to 16.6mg/g, online and retail sales to minors will be banned, and the Government will be given increased powers to restrict packaging and labelling.
The proposed Bill says: “A nicotine limit would be set for smokeless nicotine products and characteristic scents or flavours would be prohibited, with the exception of menthol and mint flavours.
“In other respects, it is proposed that smokeless nicotine products be regulated in a manner largely similar to that provided for in the Tobacco Act on tobacco products and nicotine liquids.
“Health warnings would be required on the retail packaging of the products and the appearance of the packaging would be harmonised.”
Favouritism controversy
An earlier version of the Bill, which would have permitted sales of menthol, mint, tea, ginger, rosemary and wood flavoured pouches was passed by the Finnish parliament in October.
However, the law was scrapped after it emerged a nicotine pouch company in Pietarsaari had allegedly used a connection within government to ensure the rules favoured its factory. This factory was the only producer of wood, tea, rosemary, and ginger flavours.
The minister responsible for the Bill, Sanni Grahn-Laasonen of the National Coalition Party, announced that the law would not be submitted for presidential approval. She said the government would instead submit a revised bill based on her original proposal, which was to limit flavours to only mint and menthol.
Ban could be in force by March 20
The new Bill will now require approval from the unicameral Parliament (a legislature with a single chamber, or assembly, that makes laws and votes as one). If passed, it will come into force on March 20.
There would then be a ‘grace period’ of six months for manufacturers and retailers to abide by nicotine limits and one year for packaging restrictions.
The Finnish Medicines Agency (Fimea) had previously classified nicotine pouches as medicinal products. It considered them to meet the definition of a medicinal product based on the pharmacological effect of nicotine.
In April 2023, Fimea announced it had changed its interpretation of nicotine pouches. It decided they do not fall within the scope of the Medicines Act, unless they are explicitly marketed for medicinal purposes or it can otherwise be shown that they are typically used like a medicine.
With Fimea’s changed interpretation, nicotine pouches were placed under the Tobacco Act and the Chemicals Act (599/2013).
The proposed Bill says: “According to the government programme of Prime Minister Petteri Orpo’s government, nicotine pouches will be included within the scope of the Tobacco Act and their sale will be permitted in compliance with the rules set for them, which aim to prevent youth use, illegal imports and illegal trade, and to combat organized crime.
“Retail sales are regulated to be subject to a permit, the nicotine limits used in neighboring countries are set for products, and only flavours intended for adults are permitted in products.”
