Are nicotine pouches beyond the law?, Pg10

Key Highlights:

• A study by the ICMR-National Institute of Cancer Prevention and Research revealed the widespread availability of nicotine pouches in Indian cities through online platforms and other services.
• The World Health Organization (WHO) issued a warning in May 2026 regarding the health risks posed by these products.
• Nicotine pouches currently lack specific regulation under existing Indian laws such as the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), the Drugs and Cosmetics Act, 1940, or the Prohibition of Electronic Cigarettes Act, 2019 (PECA).
• The import of nicotine pouches is classified as "restricted" under the Customs Act, 1962 and the Foreign Trade (Development and Regulation) Act, 1992.

Detailed Insights:

• Nicotine pouches are small, tobacco-free, tea-bag-like sacks designed for oral use, delivering nicotine without smoke or vapor.
• COTPA does not explicitly cover nicotine pouches because its definition of tobacco products does not extend to all nicotine-containing items.
• While the Drugs and Cosmetics Act, 1940 regulates nicotine patches and gums for therapeutic use, pouches do not make such claims.
• PECA specifically targets electronic cigarettes and does not apply to nicotine pouches, which are non-electronic and do not produce vapor.
• There is an argument that nicotine pouches could fall under the broad definition of "food" as per the Food Safety and Standards Act.
• The Directorate General of Foreign Trade (DGFT) administers import regulations, classifying nicotine pouches under specific Harmonized System (HS) codes as "restricted" goods.
• Nicotine pouches are available in duty-free shops at Indian airports, but their legal status in these areas is contentious, as Indian laws are generally applicable.
• The article suggests that a swift notification under the Customs Act, 1962 and Foreign Trade (Development and Regulation) Act, 1992 could ban their import and sale on health grounds.

Key Concepts Involved:

• Nicotine Pouches: Tobacco-free, oral products containing nicotine, flavorings, and plant fibers, placed between the lip and gum.
• Cigarettes and Other Tobacco Products Act (COTPA), 2003: Indian legislation regulating the marketing, advertising, and sale of tobacco products.
• Drugs and Cosmetics Act, 1940: Indian law governing the manufacture, sale, and distribution of drugs and cosmetics.
• Prohibition of Electronic Cigarettes Act (PECA), 2019: Indian law banning the production, import, sale, and advertising of e-cigarettes.
• Harmonized System (HS) Codes: An internationally standardized system for classifying traded products for customs purposes.