"Regulate instead of prohibit"
This was the clear response when the Dutch government asked the public to comment on a bill to ban nicotine pouches altogether.
Nicotine pouches could be completely banned in the Netherlands. This became clear after the Dutch government submitted proposals to regulate nicotine pouches as tobacco products Currently, only nicotine pouches with very low nicotine levels can be sold in the Netherlands and the new law would ban all sales of nicotine pouches.
Encouraged users
The response from users and other stakeholders was swift. ETHRA, the European Tobacco Harm Reduction Advocates, encouraged users to contact the Dutch government and in less than a month, nearly 130 comments have been submitted
"Do they want the kids to smoke again?"
Most comments come from Dutch private individuals. A majority believes that the government is on the wrong track and that nicotine pouches should become more accessible, rather than the other way around.
"This is the latest in a long line of nicotine-related products that the government wants to ban. You have to ask yourself why? It's as if the government wants to encourage young people to start smoking again," writes one Anonymous user from the city of Roermond.
Taking example from Sweden
Many responses refer to Sweden and the fact that smokeless nicotine products, such as nicotine pouches, have had a great effect in driving smoking down to low levels. Currently, almost 20% of the Dutch population smokes, compared to almost 5% in Sweden. A dozen comments also come from Swedish organizations and companies.
According to EPHI - Environment and Public Health Institute - a Swedish think tank that advocates innovation to tackle environmental and health challenges, the Netherlands risks losing important tools to improve public health. CEO Marie Söderqvist says the EU's goal of reducing smoking in Europe to Swedish levels (5% of the population) will be difficult to achieve in the Netherlands if nicotine pouches are regulated away.
"Oral nicotine products are a key reason why so few Swedes smoke today. We have reached the EU target of 5% 18 years ahead of schedule. We therefore urge the Dutch government to rethink and consider a Swedish model for legislation instead." Marie Söderqvist and EPHI.
"Regulation - not prohibition"
The network EU for Snus, as well as the lobby organization Nordic Nicotine Pouches Alliance (NNPA) and Helix Sweden AB (which produces white snus) agree that regulation is a better alternative to prohibition for nicotine pouches.
"High nicotine pouches are already de facto banned in the Netherlands. Despite this, 200,000 Dutch people use nicotine pouches with higher nicotine levels than allowed. They buy them from shops that sell them illegally, or import them themselves. The high demand for alternative nicotine products should lead to regulation - not more bans" writes Jonas Lundqvist CEO of the NNPA.
I wonder what the purpose is
Swedish Snus Manufacturers' Association points out that nicotine pouches are neither banned nor regulated in the rest of the EU. And that the Dutch government has not proposed a ban on much more dangerous nicotine products, such as cigarettes.
"A ban should have a purpose, such as improving public health or protecting the environment. By banning nicotine pouches without banning cigarettes, the logic behind the whole reasoning of "protecting" the population falls apart. One wonders what the purpose is, really?" writes Patrik Strömer, Director General of the Snus Manufacturers Association.
Patrik Strömer suggests age limits, health warnings, marketing restrictions and ingredient lists on packs as alternatives to banning nicotine pouches.
Flavor ban in October
The Dutch government will consider the comments in the spring. The Dutch flavor ban for e-cigarettes and e-liquid (more on this here), on the other hand, will apply from 1 October 2023.
