The aim of these amendments is to regulate the manufacture and marketing of nicotine pouches. Since these products, like tobacco products, may have adverse health effects, they 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 amendments also aim to introduce the concept of new nicotine products in order to introduce an obligation to notify the health authorities of the placing on the market of any new nicotine containing (tobacco-free) product intended for human consumption.

This draft amends the amended Law of 11 August 2006 on tobacco control. In Article 1, the definitions of “nicotine pouches” and “new nicotine products” are added. The amendment to Article 3 introduces a similar regime for nicotine pouches as that for tobacco products, making them subject to the same restrictions on advertising and sponsorship. The amendment to Article 3a makes nicotine pouches subject to the same obligations on reporting and notification to the Health Directorate as tobacco products, so that the health authorities can exercise effective control over products on the market. The amendment to Article 3b provides that the labelling of nicotine pouches must provide relevant and appropriate information on the safety of their use and must not contain any element or provision that is likely to mislead or make the product attractive. The amendment to Article 4 aims to impose health warnings for nicotine pouches as well. The amendment which amends Article 5 includes a new provision on raising awareness of the risks associated with nicotine consumption in activities implemented or subsidised by the government in relation to tobacco control. The amendment to Article 6 is intended to prohibit the consumption of nicotine pouches in places frequented by young people, as these products are particularly attractive to this category of the population. The amendment to Article 7 is intended to regulate the placing on the market of nicotine pouches by regulating the nicotine content and banning certain additives. This amendment also aims to require the presence of a child lock on nicotine pouches in order to avoid accidental ingestion. The amendment to Article 9 provides for a ban on sales to minors as well as on free distribution and distance selling, as is already the case for tobacco products.