The European Union is based on the principles of free movement of goods, the non-discrimination and one single market. Nevertheless, there are considerable unequal treatment in the regulation of snus and nicotine pouches.
While Swedish snuff may be sold in Sweden due to a special regulation, it remains prohibited in all other EU countries. nicotine pouch, which is referred to as smoke-free alternative are permitted in some countries, while in others they are strictly regulated or even prohibited.
🇪🇺 Snus and nicotine pouches: Uneven regulations in the EU internal market
According to the EU Treaties (Articles 34-36 TFEU) is the free movement of goods one of the cornerstones of the single market. This means that products from one EU country may, in principle, be sold in other Member States. However, there are exceptions – and this is precisely where the problem lies with snus and nicotine pouches.
Swedish snus as a special case:
Swedish snus has a long tradition of production and has been consumed in Sweden for decades.
- Snus is legal in Sweden., as the country made a derogation has negotiated.
- Snus is prohibited in all other EU countries., even though it is a product that is legally sold within a Member State.
Nicotine pouches – inconsistent legislation in the EU (as of 2024):
- Permitted in: Germany, Sweden, Finland, Austria, Czechia.
- Strictly regulated or prohibited in: The Netherlands, Belgium, Estonia.
- Legal grey area in: France – legislation is currently being revised.
Does the ban on snus contravene EU law?
Scientific basis for the snus ban (as of 2024)
- One Meta-analysis by the Royal College of Physicians (2022) shows that Snus and nicotine pouches are less harmful to health than cigarettes..
- The Study by the Karolinska Institute (2023) confirms that Sweden has one of the lowest smoking rates worldwide has – partly due to high snus consumption.
- According to the World Health Organisation (WHO, 2023) could Nicotine pouches one smoke-free alternative with reduced health risks represent.
Indirect discrimination within the EU internal market rules
- Sweden is allowed to sell snus, other countries are not – this could have an Breach of the EU principle of non-discrimination represent.
- Retailers in other EU countries cannot participate in the growing market for smoke-free alternatives.
- Consumers in countries with a ban on nicotine pouches do not have the same freedom of choice as in Sweden.
Challenges for retailers and consumers
Problems for retailers of snus and nicotine pouches:
- Legal uncertainty: The laws governing nicotine pouches are constantly changing, which makes long-term investment difficult.
- High costs for product approvals: Different labelling requirements and warning notices make distribution complex.
Restrictions for consumers:
- Different regulations lead to lack of freedom of choice for EU citizens.
- Nicotine pouches are largely banned in the Netherlands and Belgium, while they are readily available in Sweden and Austria.
There is debate as to whether the EU should revise its legislation.
- One legal reassessment of the snus ban in the EU.
- One Clear, uniform regulation for nicotine pouches, to ensure consumer rights and market growth.
- One transparent scientific assessment of nicotine pouches compared to other tobacco products.
Transparency notice & disclaimer
This article is intended solely for for informational purposes and presents no legal or medical advice It is based on publicly available information about the current legal situation in the EU. Official information can be found at European Union websites.