Tobacco Asia

46 tobaccoasia Issue 4, 2025 July / August likely that nicotine pouches are as dangerous as smoking. Every person who quits or avoids smoking by using these products is a win for society. We have a chance to create a tax policy that supports public health—but we risk losing that opportunity if Brussels ignores what actually works." A growing divide Media have already described the EU's diverging national positions on nico- tine pouches and other novel nicotine products as a "product war." This frag- mentation is one reason the revision of the indefinitely postponed Tobacco Products Directive (TPD3) remains stalled in the evaluation and impact as- sessment phase. TPD3, meant to replace the current TPD that entered into force in 2014 and does not yet cover tobacco-free nicotine pouches, is ex- pected to harmonize rules for emerging nicotine products, including pouches, by introducing standards for marketing, age restrictions, nicotine content, and packaging. A draft proposal is not expected before 2026. Strömer outlines four scenarios for future EU policy on pouches: "A ban, bloc-wide adoption of the Swedish model, very bad regulation like Spain's—with a ridiculous nicotine cap and flavor bans—or a compromise where there's a higher cap but the market is stifled to protect cigarettes. With more political finesse, though, you could have a flexible minimum directive allowing member states to adapt to local needs." Both Strömer and Henriquez believe an EU-wide ban—like the one im- posed on snus in 1992 with an exemption for Sweden—is unlikely. "There's appetite to do that," Henriquez says, "but I don't know if there will be enough consensus to repeat something like that. The science shows these are reduced- risk products that can lower smoking rates, so I think regulators will struggle to justify a comprehensive ban. But tighter restrictions on flavors, nicotine levels, and product features are certainly possible." Sweden finally speaks up Despite three decades of data supporting the harm reduction potential of snus, efforts to lift the EU-wide ban have failed. Sweden's government had long remained silent about its tobacco control success—dubbed the "Swedish experience"—even during key forums like COP10 of the WHO Framework Convention on Tobacco Control, where the EU must present a unified posi- tion on behalf of all member states and Sweden's smoking-reduction success was not mentioned. But that silence appears to be ending. In April and May 2025, Sweden submitted formal objections to the European Commission against Spain's draft law on nicotine pouches and France's national ban. In its objection to Spain, Sweden argued the proposal violates EU internal market rules and creates unjustified trade barriers. Regarding France, the Swedish opinion claims that Paris failed to prove nicotine pouches pose a "genuine and significant public health risk" and that less re- strictive tools, such as age limits and nicotine caps, had proven effective elsewhere. Moreover, the ban risks "causing serious damage to free move- ment" within the EU. Although not binding, these objections— called detailed opinions—are the strongest tool available under EU notification procedures. While they don't block national action outright, they de- lay implementation by at least six months and re- quire the proposing country to justify its approach. In an interview, Sweden's trade minister explained that the country filed the objections to challenge policymakers in Brussels and other capitals seeking to ban or restrict safer nicotine alternatives—products that could potentially save thousands of lives across the EU. Strömer welcomes the shift: "Sweden's si- lence on EU tobacco and nicotine policy was becoming concerning. It's important the govern- ment takes a stand to protect consumer choice— and an important Swedish industry." Sweden achieved smoke-free status largely due to the widespread use of snus and nicotine pouches. Credit: Lisa Risager, CC.2.0. Global retail sales of nicotine pouches saw a 50.5% year-on-year growth in 2024. Credit: Jonothan Cooper, Pexels.

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