Nicotine Pouches: A Growing Regulatory Challenge

NICOTINE POUCHES POSE A GROWING REGULATORY CHALLENGE

WHY IN THE NEWS ?

ICMR-NICPR research found nicotine pouches entering Indian cities through online platforms, hookah shops and delivery services.The issue has gained urgency after a WHO warning in May 2026. Their legal status remains unclear, as existing tobacco, drug and e-cigarette laws may not directly cover them.

Nicotine Pouches Raise New Regulatory Concerns

NICOTINE POUCHES: FEATURES AND LEGAL GREY AREA:

  • Product Nature: Nicotine pouches are tobacco-free, tea-bag-like sachets containing nicotine, flavourings and plant fibres, placed between the lip and gum for absorption.
  • COTPA Gap: The Cigarettes and Other Tobacco Products Act, 2003 (COTPA) regulates specified tobacco products but does not expressly cover every nicotine-containing product.
  • Drug Status: Under the Drugs and Cosmetics Act, 1940, nicotine is not explicitly listed as a drug; however, nicotine gums and patches have been approved as therapeutic products.
  • Vape Distinction: The Prohibition of Electronic Cigarettes Act, 2019 (PECA) specifically prohibits electronic cigarettes, but pouches contain no electronic device and produce neither smoke nor vapour.
  • Food Argument: Their status as food is debatable because Indian food laws define food broadly, and judicial interpretations have extended the definition to certain chewable products.

IMPORTS, CUSTOMS AND DUTY-FREE SHOPS

  • Import Framework: Imports are governed principally by the Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962, with the DGFT administering import classifications.
  • Customs Classification: The updated HS classification includes specific categories for tobacco-free oral nicotine products, distinguishing them from therapeutic nicotine medicines.
  • Restricted Goods: Tobacco-free single-use pouches under ITC-HS 2404 91 30 are classified as restricted, requiring specific permission or licensing rather than being freely importable.
  • Duty-Free Question: Their presence in some airport duty-free shops does not automatically place them beyond Indian law, despite the special customs status of such stores.
  • Regulatory Concern: The government can prohibit imports on health grounds through appropriate notifications under customs and foreign-trade laws.

KEY INDIAN TOBACCO CONTROL PROVISIONS :

●      COTPA 2003: Regulates advertising, promotion and sale of specified tobacco products, along with restrictions on smoking in public places and tobacco sales to minors.

●      PECA 2019: Prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertising of electronic cigarettes.

●      Customs Authority: Section 11 of the Customs Act, 1962 empowers the government to prohibit or restrict imports on specified grounds, including protection of health.

●      DGFT Role: The Directorate General of Foreign Trade administers India’s foreign-trade policy and classifies goods as free, restricted or prohibited.

●      Policy Challenge: The emerging nicotine-pouch market demonstrates the need for technology-neutral regulation, preventive health policy and timely regulatory intervention to avoid future illicit markets.