Nicotine pouches, commonly referred to as “pouches,” have been available on the market for several years. Despite their presence, there are no European Union or national regulations pertaining to their labelling, advertising or sale. This has caused pouches to be easily accessible, even purchasable online, leading to their growing popularity, especially among children and teenagers. Experts are calling for urgent regulation of this market.
“We definitely need regulation for nicotine pouches because the lack of it means that anyone can sell and acquire them – there are no restrictions,” says Dr. Janusz Krupa, President of the Conscious Human Institute Association.
These small, oral nicotine pouches are gaining popularity among consumers. They contain nicotine, often enhanced with flavors and food-grade thickening and stabilizing agents. The pouch is tucked between the gum and lip, allowing the nicotine to slowly release into the bloodstream. Manufacturers promote pouches as an innovative substitute for traditional cigarettes as they do not contain tobacco. They come in various flavors like mint, fruit, coffee, and cola. However, their use is not without consequences. For instance, pouches contain addictive nicotine, similar to that found in regular cigarettes. Experts also warn of potential side effects such as irritated gums, stomach problems, or increased blood pressure.
The problem lies in the fact that nicotine pouches evade regulations due to their absence of tobacco and their non-smoking form of use. Current status quo regulations fail to classify these products, which results in them being easily accessible, including online. Their affordability, compared to traditional cigarettes, also contributes to their growing popularity among children and teenagers.
“Today, young people and children can easily order nicotine pouches online or buy them in any store, at a stand, at a neighborhood market. This is not regulated or controlled in any way. That is why we urgently need regulation for nicotine pouches,” says Dr. Janusz Krupa.
Experts highlight that children and teenagers, who increasingly use pouches, are the most vulnerable group to the negative effects of using nicotine at a young age.
“Nicotine pouches are the same as traditional cigarettes or e-cigarettes, which deliver an active biological substance, in this case, pure nicotine, sometimes with additional flavoring substances. Nicotine is a tissue toxin that primarily damages brain tissue. The young and rapidly growing brain, especially in children between 9 and 14 years old, is particularly susceptible to its toxic effects. The brain function of young people who consistently use nicotine is less efficient,” says Prof. Witold Zatoński, President of the Health Promotion Foundation.
Nicotine pouches can also represent a first step towards the consumption of other harmful substances. Currently, there are no regulations limiting their sale to minors.
“The access to poisons, especially brain poisons, should not only be restricted but completely excluded. Providing access to toxic substances to children, whose brains are still growing, is simply against logic. It is obviously quite complicated because young people are curious about various ‘pleasures’ that may arise from consuming toxic, biologically active substances. Therefore – before young people start being exposed to such products, on which manufacturers make big money at the expense of the health of the growing population – it is the state’s responsibility to exclude their access,” emphasizes Prof. Witold Zatoński.
“The addictions of children and adolescents are currently one of the biggest problems of the Polish health care system. Children are currently often exposed to and susceptible to a variety of different addictions – from cigarettes, new tobacco products, or pouches to other psychotropic substances. These areas require special care to prevent a child, who initially uses various products out of curiosity, from falling into addiction, which is very difficult to break,” adds Dr. Jerzy Gryglewicz, an expert at the Institute of Health Management at Lazarski University.
Furthermore, the safety and health of consumers are also concerning. A single pouch may contain a concentration of nicotine several times higher than a typical cigarette, posing a risk to people with cardiovascular diseases. Currently, there are no health regulations determining the maximum permissible limit of nicotine. It is assumed that the maximum safe dose should not exceed 20 mg, but pouches containing even 40 mg are found on the market. Producers and distributors are not required to place warning labels about the addictive and harmful effects of nicotine on the packaging. Additionally, there is also no control over the actual content of the pouches available on the market.
“Introducing nicotine pouches to the market must be regulated. Every product should be subject to certain regulations aimed at protecting the health of consumers,” emphasizes Dr. Jerzy Gryglewicz.
At the beginning of November, the Polish Minister of Health, Izabela Leszczyna, announced that bags with synthetic nicotine are going to be banned in Poland, and a draft law on the matter is expected to be ready before the end of the year. The final decision on its introduction will depend on the results of consultations and the legislative process.
However, some experts, including representatives from the Federation of Polish Entrepreneurs and the Association of Entrepreneurs and Employers, believe that even though the nicotine pouch segment needs to be regulated and taxed, their sale should not be banned. In practice, imposing a ban could lead to an increase in the grey market and the import of such products via Chinese online platforms. Meanwhile, regulation and taxation would limit access to such products for those under 18, while ensuring income for the state budget. The inclusion of nicotine pouches in the group of tax-related products is consistent with the postulates of the tobacco industry. This would restrict such products strictly for adult consumers and impose comprehensive state supervision on manufacturers and distributors, as concluded from the analysis of the Staszewski Institute (“Tobacco-free nicotine pouches as an alternative to traditional cigarettes”). The industry also suggests that these can be a less harmful, interchangeable alternative for those wanting to quit traditional cigarettes.
A project proposing to include nicotine pouches among other nicotine products subject to excise tax has been prepared by the Ministry of Finance. The proposed amendment to the Excise Duty Act (UD53) anticipates taxing them from 2025 onwards at a rate of PLN 100/kg, in 2026 – PLN 200/kg, and the rate will increase to a target of PLN 300 per kilogram one year later.
“The introduction of excise tax will lead to every package being tracked – from the moment it is brought into the country until it reaches the consumer,” says the president of the Conscious Human Institute Association. “Products subject to excise tax are tracked by tax offices, as taxes for the state are deducted from them. Each package is also closely monitored by supervisory authorities and if a large batch disappears, it means that they have left the legal system. As I understand it, the legalization of such products is the Polish model of controlling such addictive substances.”
