Doubts linger around ‘de-facto’ nicotine pouch ban

At the end of October, Luxembourg’s Chamber of Deputies voted 49-5 in favour of restricting nicotine pouches to 0.048 mg of nicotine. Such a low limit is considered a de facto ban by most supporters and opponents alike.

The bill, introduced to parliament in 2023 by the then-Health Minister Paulette Lenert, has taken two years to pass because of its many consultations, committee readings, and even lobbying efforts by the tobacco industry.

Lenert, who is now an opposition deputy, told the Luxembourg Times in an interview on Friday that she had always expected the bill to take its time, but that she was always confident it would pass.

Lenert herself turned out to be one of the roadblocks, having twice joined efforts to add amendments to the bill that would have banned nicotine pouches outright, and twice failing to secure enough support. “I had kind of hoped that the health minister would succeed in banning this ‘new kid on the block’, as you can call it. Other countries have done this step to ban it, which is to me the only consistent decision you can take,” she said.

Instead, Luxembourg has passed a law that imposes age restrictions and flavour restrictions, bans many additives, fordbids advertising and, crucially, limits the pouches’ strength.

0.048 mg is the upper safe limit for nicotine in food, according to the European Food Safety Agency and is – as widely cited by the tobacco industry before the bill passed – roughly the same as found in two small aubergines. As a nicotine product and alternative to smoking cigarettes, therefore, the limit is effectively the same as a ban.

“The ADR argues that a more pragmatic and responsible approach would have been to establish a controlled and regulated domestic market with realistic nicotine concentration limits,” a party spokesperson told the Luxembourg Times in a written response. The ADR’s five MPs were the bill’s only ‘No’ voters. “The party proposed an amendment allowing up to 20 mg of nicotine per pouch, which was rejected by both government and opposition members during committee discussions.”

The argument

“With the shared European objective of reducing the smoking rate to below 5% by 2040, the industry has invested significantly in developing alternatives to conventional tobacco products,” the ADR said. “However, this new regulation destroys those investments and causes financial damage – not only to the industry, but also to the State itself, given that a consumer tax on [non-tobacco] nicotine products was only recently introduced.”

“But scientists are so unanimous about the danger of it,” Lenert said. “Because it looks easy, it’s really triggering young people. And it’s such a bad first step into other tobacco products later.” She said she took her cue from the Fondation Cancer charity, which is strongly in favour of a ban.

Paulette Lenert, LSAP parliamentarian and former Minister of Health © Photo credit: Anouk Antony

Neither Lenert nor the ADR are particularly happy with the outcome of the bill: “Rather than taking the clear and consistent step of introducing a full ban, the government has chosen to reduce the permitted nicotine concentration, […] such a half-measure will not effectively reduce the use of nicotine pouches,” the ADR said.

“There’s no point of having this absurd limitation. And I think just everybody’s upset now,” Lenert agreed, claiming it would have been far better to join Belgium and the Netherlands in banning pouches outright.

Practical implications

Whether any company is considering manufacturing pouches that would comply with the new Luxembourg law is unclear, though, Lenert said. The country’s small population makes it unlikely as 0.048 mg pouches would not be very marketable in other countries.

However, it may not matter much. EU residents can legally buy products online from any member state – including nicotine pouches of all strengths, which remain legal across most of the bloc. There are dozens of websites selling nicotine pouches (and tobacco-based snus, which is only legal in Sweden within the EU) – ironically including the Thor brand, which is manufactured by Landewyck in Luxembourg and exported to some 25 countries.

Library image showing seized nicotine products of many types © Photo credit: Luxembourg customs and excise

The ADR pointed out that pouches are available online that are stronger than those sold in Luxembourg shops today. “The party further regrets that the government has missed an opportunity to examine the potential role of nicotine pouches as a harm-reduction tool for adult smokers. Instead of considering them as a possible alternative to cigarettes, the government has chosen to categorically condemn them.”

A positive step

Despite the incompleteness of the victory, Lenert remains convinced Luxembourg is taking a step in the right direction. The next one, she said, should be a ramping up of nicotine – particularly cigarette – prices to levels on par with neighbouring countries. Three years, she estimated, would be long enough for the Grand Duchy to gradually wean itself off the lucrative tax income from cross-border nicotine sales.

Lenert said she believed the health ministry would support such a move, but that the economy ministry is not such a fan – despite the elevated costs of healthcare to tobacco users.

Philip Morris International, which makes the Zyn brand of pouches, was active in lobbying earlier this year, stating its position on a previous article on the topic in early March and meeting with at least one government party MP as recently as 16 October. Asked for further comment after the vote, the company declined.