Nicotine pouch users in France could face jail time and six figure fines under a new law currently being reviewed by the European Commission.
Under the new law, which would apply later this year, personal possession and use of nicotine pouches would be banned across the country; as would transporting pouches through the country in a clear breach of EU law on the free movement of goods. Anyone caught with them could face a jail term of five years, according to the French Public Health Code; on the basis that they are “venomous substances”.
The penalty for using narcotic drugs, like cocaine and heroin, is a maximum of one year in prison.
Enforcement would be the role of the French competition, consumer protection, fraud, customs and finance officials; with the backing of France’s 200,000 plus police force.
Anyone who wants to object to the law – a course of action Clearing the Air will take in the coming weeks – can do so via the EU Commission’s online portal.
In addition to the lengthy jail term, French Courts would also have the power to impose fines of up to €375.000 on anyone caught with nicotine pouches, even if it’s for their own use. The maximum fine for using narcotics like cocaine and heroin is €3,750.
“Technically, if you buy nicotine pouches in Luxembourg and are subsequently stopped in France on your way to Germany, you’d be breaking the law and at risk of a jail term”, one French legal expert told Clearing the Air.
The government in France believes the ban is necessary to protect public health. “In view of the attractiveness, harmfulness, dependence and method of use, the French authorities consider that the prohibition of the production, manufacture, transport, import, export, possession, offering, transfer, acquisition, distribution and use of products for oral use containing nicotine is justified in order to achieve the objective of preserving public health”, it says in its submission to the European Commission.
But pouch manufacturers disagreed, with the Nordic Nicotine Pouch Alliance “Nicotine pouches are among the least harmful forms of nicotine delivery,” the Alliance stated. “They contain no tobacco, no combustion, and no carcinogenic substances. Their risk profile is on par with medicinal nicotine products like gums or patches.”
