A comprehensive flavour ban, nicotine content restrictions and a ban on all online sales. This is what the Finnish Parliament recently decided when nicotine pouches were regulated outside the pharmaceutical legislation for the first time. For the past year, the products have been sold without any restrictions.
"Now we will once again see a huge black market establishing itself" says Carissa Düring, ambassador of the user organisation Conciderate Pouchers.
The Finnish Parliament has now taken a decision on how nicotine pouches should be regulated in the country. As Vejpkollen previously reported products will only be allowed to be flavoured with mint, tea, ginger, rosemary and wood. Nicotine concentration will also be limited to 16.5 mg per gram and pouches must weigh between 0.5 and 1 gram. At the same time, all online sales are banned, including private imports via courier services.
From prohibition to regulation
In the past year, nicotine pouches have been sold freely in Finland. Previously, the pouches were regulated as pharmaceutical products and could only be sold in pharmacies with very low nicotine strength. Border trade with Sweden and a extensive smuggling However, it ran in parallel with the not very popular pharmacy sales. In the context of the previous government wanted to ban nicotine pouches altogetherHowever, the products were deregulated in anticipation of swift new legislation. This allowed all shops to sell them, completely unregulated, pending a forthcoming ban. Now the upcoming legislation was delayed and after the 2023 elections it turned out that the new government did not intend to ban sales at all. Instead, it wants to regulate them, in the same way that it regulates other nicotine products such as e-cigarettes and cigarettes.
Warns of black market trade between countries
At the same time as Finland is now regulating the formerly classified products, warnings of a continued black market are coming from the Social Democratic opposition. MP Kim Berg recently called on governments in the Nordic Council to find a common policy on white snus.
"A common upper limit in the Nordic region would reduce the risk of smuggling and cross-border trade, where consumers travel across the border to buy products with a higher nicotine content," writes Kim Berg in a press release.
Customisable nicotine strength rules
The government is in favour of a similar solution. The Finnish regulation may change in a situation where neighbouring countries introduce stricter legislation.
"In particular, if the other Nordic countries provide for lower nicotine content limits than Finland or stricter restrictions on flavourings or additives, the regulation should be harmonised in this respect" the government writes.
Fewer customs seizures without regularisation
Nicotine pouches, like traditional snus, are popular in Finland. Private imports of snus bought at the Swedish/Finnish border are extensive, as tobacco snus is banned in Finland but not in Sweden. The same has been true for nicotine pouches. Until last year, when nicotine pouches were also banned from sale in ordinary shops, their import and smuggling was significantly higher than at present. According to Finnish Customs, seizures of snus and nicotine pouches fell by 80 per cent last year after nicotine pouches became available in shops.
"Banning flavours is a big mistake"
Although the sale of nicotine pouches will now be fully authorised in Finland, the legislation is raising concerns among users. Carissa Düring is responsible for the consumer-driven the association Considerate Pouchers, which works to raise awareness of smoke-free nicotine use. And limiting flavours to a fraction of those actually available is a big mistake, she says
"There are two major implications of this type of legislation. We know that flavours play a big role in why people take the step towards better health and replace cigarettes with nicotine pouches. Because of the restriction on flavours, some people will not make this switch, in the worst case, some will go back to smoking. Carissa Düring to Vejpkollen.
Demand for flavours
According to Carissa Düring, the legislation is likely to favour an already extensive black market.
"There is still a very clear demand. This opens up a black market where other flavours and strengths can be obtained anyway, especially in combination with the limited availability of nicotine pouches in general. Smuggling of snus from Sweden to Finland has long taken place in large volumes but has decreased significantly since nicotine pouches became legal, so it would also be likely that smuggling would increase in the future," she says.
Will not be a nicotine-free Finland
The goal of Finnish nicotine policy is to "make Finland nicotine-free by 2030". But it is unlikely to succeed, says Carissa Düring.
"This kind of legislation will not make Finland nicotine-free. All it will do is make it harder for people to get rid of the real, life-threatening problem - smoking." says Carissa Düring to Vejpkollen.
Also prohibits possession
At the same time as nicotine pouches are regulated, the possession of various nicotine products will also be banned for persons under 18 years of age. In practice, this means that teachers, like the police, can seize and confiscate e-cigarettes, snuff boxes or cigarettes found on a minor. The law thus works like for other drugs, but without the penalty.
