Considerate Pouchersdan Finlyandiya hukumatiga ommaviy taqdimot

The Finnish Government has introduced a draft amendment to the Tobacco Act that includes strict regulations for nicotine pouches. The proposal seeks to ban most flavors, impose stringent limits on nicotine concentrations, mandate plain packaging with health warnings, and introduce new restrictions on their sale and use. The Considerate Pouchers group is actively engaging in the consultation process, offering evidence-based arguments to oppose these measures. Their response highlights the significant role nicotine pouches play in aiding smoking cessation and improving public health. It also addresses the key proposed regulations and suggests alternative policies to better support harm reduction efforts.

How to read this document:

We address each of the key regulatory changes outlined in the draft amendment proposal individually.

Regulating nicotine pouches in the Tobacco Act: The draft amendment proposal aims to regulate nicotine pouches within the scope of the Tobacco Act and similarly to tobacco products despite nicotine pouches not including any tobacco.

CP’s response: 

Nicotine pouches are fundamentally different from tobacco products, as they do not contain any tobacco plant material. Including them in the Tobacco Act mischaracterizes their nature and creates a false equivalence with more harmful tobacco products. Such regulation risks deterring smokers from transitioning to this significantly less harmful alternative, thereby hindering public health efforts.

Scientific research consistently demonstrates the reduced harm associated with nicotine pouches compared to combustible cigarettes. A study by Azzopardi, Liu, and Murphy (2022) found that the risk profile of nicotine pouches aligns closely with that of nicotine replacement therapies, such as gums and patches, which are categorized and regulated as medicinal products rather than tobacco products. Establishing nicotine pouches as a distinct regulatory category would enable the development of rules that better reflect their substantially lower health risks.

Limiting nicotine concentrations in nicotine pouches: the draft amendment proposal aims to establish a limit of 16.6 milligrams of nicotine per gram of product.

CP’s response: 

The proposed nicotine limit of 16.6 mg/g is overly restrictive and may undermine the effectiveness of nicotine pouches as a smoking cessation tool. Smokers transitioning from combustible cigarettes often require varying levels of nicotine to manage cravings successfully. For some, higher nicotine concentrations are essential to curb withdrawal symptoms and facilitate a smoother switch. Restricting nicotine content risks making these products less effective, leaving certain smokers without adequate options to quit.

Research by Lunell et al. (2020) highlights that higher-dose nicotine pouches can efficiently deliver nicotine without causing significant adverse effects, reinforcing their value as a tool for smoking cessation. Regulatory frameworks should allow for flexibility to address the diverse needs of individuals, ensuring a broader population of smokers can benefit from these alternatives.

Considering that an average nicotine pouch weighs approximately 0.5 grams, a limit of 16.6 mg/g would cap each pouch at 8.3 milligrams of nicotine. While this may suffice for many users, it unnecessarily restricts the product’s potential. Given that nicotine itself poses minimal harm, such limitations could inadvertently exclude smokers who require higher concentrations to quit, ultimately hampering public health goals.

Banning flavoured nicotine pouches: The draft amendment proposal aims to ban all characteristic smells or flavours in nicotine pouches, except for menthol and mint.

CP’s response: 

Flavoured nicotine pouches are not designed to appeal to children or young people but serve a vital role in helping adult smokers transition to safer alternatives. Flavours are essential in encouraging smokers to try nicotine pouches and maintain their switch from combustible cigarettes. By offering a variety of flavours, these products help users disassociate from the taste of tobacco, making the transition more sustainable. Banning flavours would disproportionately harm adult smokers who rely on this variety to quit smoking successfully.

A flavour ban would significantly hinder smokers from switching to safer alternatives, potentially pushing many users back to smoking. Additionally, such a ban could lead to the rise of black-market imports of flavoured nicotine pouches, contrary to the stated goals of the draft amendment. Evidence from global flavour bans in countries such as Canada, Denmark, Estonia, Germany, the Netherlands, Slovenia, Sweden, and the United States has shown that restrictions often drive consumers back to smoking or to unregulated markets.

Currently, it is estimated that 80–90% of nicotine pouches on the market contain flavourings. Banning these would effectively dismantle the legal nicotine pouch market in Finland, undermining the government’s public health objectives. We strongly urge the Finnish Government to reconsider this proposed ban and focus on harm reduction strategies that support adult smokers in their efforts to quit.

Requiring health warnings on retail packaging and harmonizing packaging: the draft amendment proposal aims to require health warnings on the packaging of the products as well as to establish plain packaging.

CP’s response:

Plain packaging for nicotine pouches fails to convey their significantly lower health risks compared to smoking, which could discourage smokers from making the switch to this safer alternative. Accurate, risk-based health warnings are essential to inform consumers that nicotine pouches are a less harmful way to consume nicotine and an effective tool for smoking cessation.

Research by McNeill et al. (2021) underscores the importance of clear communication about the relative risks of nicotine products in encouraging smokers to transition away from combustible cigarettes. Overly alarming or misleading warnings can perpetuate misinformation, undermining harm reduction efforts and discouraging smokers from considering safer alternatives.

While it is necessary to inform users about the potential risks of nicotine pouches, these risks must be presented in the context of their relative safety compared to cigarettes. Nicotine pouches are not merely another nicotine product—they are a harm reduction tool designed to help people quit smoking. Packaging should therefore be allowed to include accurate information about their substantially lower health risks and their role as a smoking cessation aid. This approach would ensure that consumers are better informed and more likely to choose less harmful options, aligning with public health objectives.

Limiting sales: the draft amendment proposal aims to make retail sales subject to a permit and to prohibit distance/online selling.

CP’s response: 

The CP supports implementing robust age-verification measures for the sale of nicotine pouches to prevent access by minors. However, we strongly encourage the Finnish Government to permit online sales under the condition that stringent age-verification systems are enforced.

Banning online sales would significantly limit accessibility for adult smokers, especially those living in rural or remote areas, where physical retail options may be limited. Such restrictions could discourage smokers from switching to nicotine pouches, potentially pushing them back to smoking or driving them to unregulated and illicit markets. Allowing online sales with proper safeguards would ensure broader accessibility while maintaining protections against underage use.

Restricting the use of nicotine pouches in certain areas: the draft amendment proposal aims to ban the use of nicotine pouches in certain public areas, such as in the indoor and outdoor areas of daycare centers, educational institutions and playgrounds.

CP’s response: 

Nicotine pouches do not release harmful substances or pose risks to bystanders, making restrictions on their use unnecessary. Banning their use in spaces such as daycare centers or playgrounds creates a false equivalence between nicotine pouches and combustible tobacco products, perpetuating misconceptions about their relative harm.

Policies should be based on scientific evidence and accurately reflect the negligible risk nicotine pouches pose to bystanders. By avoiding unnecessary usage bans, policymakers can promote harm reduction and encourage smokers to switch to less harmful alternatives without reinforcing unwarranted stigma.

CP’s conclusion remarks:

Nicotine pouches represent a groundbreaking harm reduction tool, providing smokers with a far safer way to consume nicotine. Overregulating these products—by treating them as tobacco products, banning flavours, limiting nicotine concentrations, enforcing plain packaging, and imposing unnecessary restrictions—will greatly undermine their life-saving potential.

We respectfully call on the Finnish Government to:

• Regulate nicotine pouches as a separate category distinct from tobacco products.

• Avoid unnecessary nicotine concentration limits, ensuring they remain effective for smoking cessation.

• Maintain a wide variety of flavours to help adult smokers transition away from combustible cigarettes.

• Implement health warnings that provide accurate, risk-based information, fostering an informed understanding of their reduced harm.

• Allow online sales with robust age-verification measures to improve accessibility for all adults.

• Avoid usage bans unsupported by scientific evidence, as nicotine pouches pose no risk to bystanders.

The CP is committed to advancing harm reduction strategies and welcomes the opportunity to collaborate with the Finnish Government to achieve shared public health objectives.

For any questions or comments, please contact the submitter of the response.