Luxembourg has been widely criticised for its proposed ‘de facto’ ban on nicotine pouches.
The European Commission, Greece and Sweden have all raised several objections to the draft Bill, which limits the strength of nicotine pouches to a very low 0.048g and imposes communication and labelling restrictions.
The Bill also aims to ban sales of tobacco heated products (THP) with “characterising flavours” and introduce compulsory health warnings.
Greece has warned the Commission that the Bill “sets disproportionate maximum nicotine levels for nicotine pouches and novel nicotine products” which “hinders the functioning of the internal market”.
Sweden has also objected, saying the proposed nicotine limit was “effectively excluding all relevant products on the market” and asked why “other, less restrictive measures, could not be sufficient and proportionate.”
Nicotine pouches to be treated like tobacco
Luxembourg’s draft law aims to put nicotine pouches on a regulatory par with tobacco products. The notification of the Bill says: “..the aim of the notified draft is to regulate the manufacture and marketing of nicotine pouches as these products, like tobacco products, may have adverse health effects and should be treated in the same way from a legal perspective.
“Thus, the draft law proposes to establish a similar regime for nicotine pouches as that for tobacco products, making them subject to the same restrictions and obligations.”
The European Commission noted the draft Bill would introduce graphic health warnings for nicotine pouches, saying that “while several provisions [of the Tobacco Products Directive] apply to tobacco products in general, certain provisions [including those on graphic health warnings] only apply to tobacco products for smoking… [Luxembourg] must ensure this difference is respected.”
Period for comment extended
The ‘standstill period,’ during which the Commission and Member States may comment on the Bill, has been extended from 10 March to 10 June.
Last month, Luxembourg said that rather than targeting disposable vapes, it would aim to ban certain flavours and limit nicotine content.
The government said it agreed with the intention behind the disposable vape bans – to reduce youth vaping and protect the environment – but believed the method would not have the intended outcomes.
“From a health point of view, these products contain high doses of nicotine, encouraging rapid dependence, particularly among young people, and potentially leading them to other forms of tobacco consumption,” it said.
The “negative effects on brain development,” it added, specifically affect teenagers by impairing their memory and concentration, which can “interfere with their learning”.
Instead, it called for a “global approach” to include regulations on all types of vapes as a “more coherent” way to address these issues.
France bans pouches
Meanwhile, France banned nicotine pouches last month, citing concerns over their appeal to young people and similarities to snus, such as “the possibility of discreet and invisible use”.
Health Minister Geneviève Darrieussecq described nicotine pouches as “dangerous” because they contain high doses of nicotine and are often marketed towards young people.
