Are Nicotine Pouches Legal In The EU?

Nathan Chilcott

The Law

As you know, the European Union consists of 27 countries. It can be hard for all these countries to reach a consensus, which is why bringing new regulations into place is often a slow process. That’s not always a good thing!

Nicotine pouches have rapidly grown in popularity and lawmakers have yet to react proactively. In other words, pouch legality in the EU is a grey area. Every country has set its own rules.

"The good news is that, although the EU has banned the sale of oral tobacco products, such as snus, the ban doesn’t apply to nicotine pouches in Europe. Yes, they’re used orally, but they don’t contain tobacco.”

Why EU Law Is Complicated

The European Union creates regulations, laws, and even guidelines that all countries within the EU should follow. Therefore, if the EU says that nicotine pouches are legal they can be considered legal all across the EU.

However, there’s a complication. It’s acceptable to the EU if any country in the EU wants to take the law further. In other words, as long as they comply with EU regulations they can be stricter if they want.

As you can imagine, that has resulted in some countries adopting an open approach to the sale of nicotine pouches in the EU. Other countries could go as far as banning nicotine pouches.

EU Legality Summary

Naturally, as snus and nicotine pouches originate from Sweden, they are legal to buy, sell, and use within the country. It’s part of the reason the pouches have become so popular.

Surprisingly, although the Netherlands are in Northern Europe and close to Sweden, they have chosen to ban the sale and advertisement of nicotine pouches altogether, as well as any other tobacco-free products with nicotine in them. That said, you can import nicotine pouches, provided they are strictly for personal use and have no more than 0.035 mg of nicotine in each pouch.

Belgium has followed the example set by the Netherlands and banned the sale of pouches in October 2023.

However, Germany takes a very different approach. They have classified pouches as food with an unauthorised novel ingredient. Classifying pouches in this way effectively prevents them from being sold, advertised, or even used. In short, you can’t even use pouches in Germany.

France, one of the biggest countries in the EU has adopted a more relaxed approach. Nicotine pouches are classified similarly to tobacco products and fall under the same rules. Currently, you can buy, sell, and use pouches freely. However, the French government is considering implementing a total ban.

The majority of EU countries do not currently ban the use of nicotine pouches. However, it’s a fluid situation and you need to stay on top of any legislation changes.

Of course, as can already be seen in Germany, banning pouches and enforcing that ban are two very different things.

Summing Up

Fortunately, you’ll find most countries in the EU have adopted similar rules. However, we strongly recommend you check the specific rules for your country, whether you live there or are planning a visit.

After all, even if pouches are legal, it doesn’t mean all varieties are.

You should note that the law in the EU can change. Thanks to the popularity of nicotine pouches, lawmakers are reviewing and will potentially adjust the laws and regulations. It’s a good idea to keep yourself informed.