Free samples, vivid descriptions of flavors and advertising that risks attracting young people. The Swedish Consumer Agency is now strongly criticizing Swedish manufacturers of nicotine pouches, so-called white snus.
"It's been a bit of a quagmire and a lot of brutal marketing before the law came. At the same time, the Swedish Consumer Agency has a tendency to over-interpret the law and this can have major consequences for public health," says Karl-Åke Johansson, chairman of the Swedish user association New Nicotine Alliance.
The law for new nicotine products launched in fall 2022. Since then, it has been illegal to sell nicotine pouches to people under 18. At the same time, marketing was regulated. Under the new law, companies are not allowed to target their advertising directly at people under 25, describe flavors "more than necessary", be intrusive or encourage the use of tobacco-free nicotine products. The Swedish Consumer Agency has now reviewed the marketing of 12 different companies in the industry.
"The investigation found several clear violations of the law." writes the Swedish Consumer Agency. "These included the presentation of images, films, sound and light, texts or claims that go beyond the requirement of special moderation"
Same rules as for e-cigs
The requirement for moderation in product descriptions and marketing has applied for several years to vejp products (e-cigarettes and e-liquid), which has led to confusion for both consumers and retailers.
NNA Sweden, which organizes users of harm-reducing nicotine products such as e-cigarettes, nicotine pouches and snus, has previously been critical of how authorities handle product alternatives to cigarettes. According to Karl-Åke Johansson the Consumer Agency tends to over-interpret the law, which ultimately hurts consumers and current smokers.
"Handing out free samples is obviously overstepping the mark and it's important to address that. But actively restricting smokers' access to these products is serious in itself and not good for public health." says Karl-Åke Johansson.
"Information becomes difficult to access"
The Consumer Agency notes that many companies in the industry are active on social media. This raises suspicions that the companies want to reach a target group under the age of 25, according to the agency. According to the review, the marketing is also designed in a way that risks attracting a younger target group.
"I think the Swedish Consumer Agency is misinterpreting what the law actually says. I'm 60 years old and I'm often on social media. So do middle-aged smokers. According to the law, companies must not "deliberately target" young people. But as the agency interprets the law, you can't even "risk" influencing young people. It's very arbitrary and makes the information for smokers available on social media difficult to access" says Karl-Åke Johansson
Calls for guidance information
The companies that were the subject of the review will now have the opportunity to review their marketing before the Consumer Agency carries out new checks. Karl Åke Johansson hopes that consumers will continue to receive guidance on nicotine pouches, including via social media.
"I usually compare it to products at Systembolaget. A "Baccardi Tropical Watermelon" is described as "a fruity drink with a distinct sweetness and taste of watermelon. Served cold as a social drink". According to the Swedish Consumer Agency, it is apparently ok. If the rules that apply to e-cigarettes, and now also nicotine pouches, were to apply to alcoholic beverages, it would say "taste = watermelon". Period. This begs the question: do our authorities think that having more non-smoking nicotine users is worse than the risk of having more alcohol users? Which does more harm?" says Karl-Åke Johansson.
