At Snus It Out, we frequently encounter a common query from our valued customers: 'Are nicotine pouches prohibited in Australia?' With the recent actions taken by State and Federal authorities regarding disposable vapes, it's only natural that users seek clarity on the legal framework. In this article, our objective is to present a clear and informative overview of the regulations that govern nicotine pouches in Australia, delivering valuable insights for our customers.

A Brief History of Nicotine Pouches

Before the emerge of nicotine pouches, there was another product with deep-rooted history—Snus. It found its origins in early 18th century Sweden when tobacco was carefully packed into petite, tea bag-like sachets. These sachets were ingeniously placed beneath the upper lip, against the gums, offering a controlled release of nicotine directly into the bloodstream via the gum lining (mucosa). What set this practice apart was the absence of combustion or inhalation, marking a significant departure from traditional smoking methods.

As a quick side for those seeking clarity, it's important to distinguish between Snus and nicotine pouches. Despite their similar usage, Snus is a smokeless tobacco product and is currently prohibited from sale in Australia. Nicotine pouches, on the other hand, stand apart as they do not contain tobacco, rendering them exempt from this restriction. It's worth noting that many Australians may still refer to nicotine pouches as "Snus," reflecting our freedom of speech, but technically, they are distinct entities.

Nicotine pouches represent a relatively recent evolution in the realm of nicotine consumption. The very first nicotine pouch was introduced in 2008 by a Swedish company known as Niconovum. Initially, it was introduced as a tobacco cessation aid. Subsequently, British American Tobacco (BAT) acquired Niconovum in 2009.

Throughout the following decade, additional Swedish tobacco companies, such as Swedish Match and Skruf, launched their own variations of nicotine pouches under now-prominent brand names like ZYN, Volt, Skruf-SuperWhite, and Zone X.

Initially, the use of these products was largely confined to Sweden and other Scandinavian nations. However, the industry witnessed exponential growth in the late 2010s. Over the past 3-4 years, nicotine pouches have gained widespread popularity on a global scale, especially among adults in pursuit of nicotine without the carcinogenic components of traditional cigarettes or the respiratory concerns linked to vaping.

Refer to the Google Trends chart below for a visual representation of this phenomenon:

The Present:

Today, a visit to most Western European countries or North America reveals the widespread availability of nicotine pouches, accessible in virtually every tobacconist, convenience store, bottle shop, or petrol station. Australia, in its usual fashion, tends to adopt global trends with a slight delay of a few years. Skeptical? You just need recall the surge in popularity of Juul and other vaping devices in the USA during 2018-2019 and then a few years later the increase in vaping usage in Australia came along. Consult the data below for reference. Currently, we are observing a substantial surge in the demand for nicotine pouches in Australia, particularly after the annual European holiday season.

However, residing in the meticulously regulated country of Australia, numerous Australians have been left scratching their head about the legality of these delightful nicotine pouches.

THE FACTS

Now, the reason you’re here is for us to answer the question: Are nicotine pouches illegal or banned in Australia? The short answer? No, no they are certainly not.

Firstly, In Australia, nicotine is deemed a therapeutic good and is therefore regulated by the Therapeutic Goods Administration (TGA). Nicotine specifically falls under schedule 7 of the TGA’s poison standard. Source

In their words, Nicotine products are considered poisonous in Australia, unless:

1. Prescribed by a doctor.
2. Prepared for oromucosal or transdermal administration to aid in smoking cessation, or
3. Within tobacco prepared and packed for smoking.

Secondly, as we’ve been importing these products from our manufacturers in Europe, we obviously wanted to make sure that they weren’t going to get destroyed on their arrival or be sent back to where they came from. So, we have confirmed all of the relevant details with the Australian Border Force (ABF).

Nicotine pouches fall under the tariff classification of HS 2404.91.90. Source

The ABF deems these products as other nicotine products intended for the intake of nicotine into the human body for oral application but not specifically designed/produced for tobacco use cessation. That’s a mouthful! To sum it up under this HS code, we as importers are required to pay a 5% tariff in addition to GST on the goods upon arrival. We have done this a number of times now and there have never been any hiccups.

Finally, as these products are still pretty new worldwide and extremely new in Australia, there is a lack of legislation governing the regulation of nicotine pouches. By lack of, we mean completely non-existent. Every new nicotine law introduced by state and federal governments in the recent years either regulate tobacco OR vapes / nicotine e liquid / E-cigarettes etc. We’ve done some serious research and the words “nicotine pouch” are not found anywhere at all in Australian legislation. Chances are this will change in the future as more and more people turn to nicotine pouches for a less harmful way to enjoy nicotine. But for now, they are unregulated.

TO SUM IT ALL UP

Taking all of the above into account, it couldn't be any more clear that nicotine pouches are not illegal or banned for sale and use in Australia!

1. Nicotine pouches are nicotine products that are used oromucosally often to aid in smoking cessation, or at least as a less harmful way to enjoy nicotine.
2. Nicotine pouches are legally imported into the country where tariffs and GST are paid on entry.
3. Nicotine pouches do not fall under any governing legislation that regulates the sale or use of tobacco and vapes as they are a separate product.

Inherently, the introduction of new products tends to instill a sense of apprehension, as we aspire to engage in both business and consumption within the bounds of the law. We hope that this blog and its referenced sources will provide you with the assurance needed to freely use nicotine pouches as you please.

A Promising Path Forward