Nicotine Pouches Raise Regulatory Questions in India

Nicotine Pouches Enter India’s Regulatory Debate

Nicotine Pouches Raise Regulatory Questions in India: A recent study led by the ICMR-National Institute of Cancer Prevention and Research (ICMR-NICPR) has reported that nicotine pouches are reaching Indian cities through online platforms, hookah shops and quick-commerce delivery services.

The development has raised questions about the legal status of these products because nicotine pouches contain no tobacco, smoke or electronic components. This creates uncertainty over whether India’s existing tobacco, drug or electronic-cigarette laws directly cover them.

What Are Nicotine Pouches?

Nicotine pouches are small, tobacco-free sachets containing nicotine, flavourings and plant-based fibres. They are placed between the lip and gum, allowing nicotine to be absorbed through the tissues of the mouth.

Unlike cigarettes or electronic cigarettes, they produce neither smoke nor vapour. Their discreet nature can make them particularly attractive to younger consumers, raising concerns about nicotine dependence and public health.

Why COTPA May Not Apply

The Cigarettes and Other Tobacco Products Act, 2003 (COTPA) regulates cigarettes and specified tobacco products, including their advertising, promotion and sale.

However, nicotine pouches do not contain tobacco and are not specifically included among the products defined under the Act. This has created a legal argument that COTPA cannot automatically be extended to an unlisted product.

Static GK Tip: COTPA 2003 is India’s principal legislation regulating the advertising, production, distribution and sale of specified tobacco products.

Uncertainty Under the Drugs and Cosmetics Act

The position under the Drugs and Cosmetics Act, 1940 is more complicated.

Argument for Regulation

Nicotine itself is not straightforwardly classified as a drug across the Act’s schedules, but nicotine gums and patches have been approved for use in treating nicotine dependence.

The Drugs and Cosmetics Rules, 1945 also contain provisions concerning certain nicotine-containing gums and lozenges. This can support an argument that other nicotine-delivery products may fall within the regulatory framework.

Argument Against Regulation

Nicotine pouches are different from nicotine-replacement products such as patches and therapeutic gums. They generally do not claim to treat nicotine addiction and instead function as an alternative source of nicotine.

This distinction creates uncertainty about whether they should legally be considered medicinal products or consumer nicotine products.

Why the Vape Ban Does Not Automatically Apply

The Prohibition of Electronic Cigarettes Act, 2019 (PECA) prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertising of electronic cigarettes.

Nicotine pouches are fundamentally different because they contain no electronic device and produce neither vapour nor smoke. Consequently, the provisions specifically targeting electronic cigarettes do not automatically extend to oral nicotine pouches.

Static GK Tip: PECA 2019 specifically targets electronic cigarettes and related electronic nicotine-delivery systems.

Could Nicotine Pouches Be Regulated as Food?

Another legal question concerns food regulation. Indian food laws use broad definitions of food and have been interpreted in cases involving products such as supari and chewing tobacco.

Since nicotine pouches are placed in the mouth and consumed for their nicotine content, an argument could potentially be made regarding their classification under food regulations. However, their regulatory treatment would depend on the applicable statutory definitions and classification.

Import Regulation and DGFT

Import control involves the Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962.

The Directorate General of Foreign Trade (DGFT) administers India’s import-export policy and uses ITC-HS classifications to identify goods as free, restricted or prohibited.

Following changes to the international Harmonized System, specific classifications were created for certain oral nicotine products. The article identifies ITC-HS 2404 91 30 for tobacco-free, single-use nicotine pouches and 2404 91 90 for other non-therapeutic oral nicotine products.

Products classified as restricted cannot simply enter India by payment of customs duty; applicable permissions or licences may be required.

Duty-Free Shops and Legal Questions

Nicotine pouches have reportedly appeared at some duty-free shops at Indian airports, creating another regulatory issue.

Duty-free shops operate under provisions of the Customs Act, 1962. Judicial decisions have recognised their special customs status, but this does not mean that every Indian law becomes inapplicable inside such establishments.

The key question is whether nicotine pouches fall within the categories of goods permitted for sale through duty-free outlets and whether the necessary import permissions exist.

Public Health Concerns

The regulatory debate comes against growing international concern about nicotine addiction and youth exposure. The absence of tobacco does not mean that a nicotine pouch is harmless because the product deliberately delivers nicotine to the body.

India therefore faces a policy challenge: preventing unregulated access while ensuring that any regulatory framework clearly distinguishes therapeutic nicotine-replacement products from recreational or consumer nicotine products.

Way Forward

A clearer regulatory framework could establish whether nicotine pouches should be banned, restricted, licensed or regulated under a specific law.

The government may need coordinated action involving health, customs, trade and drug regulators. Stronger surveillance of online sales and delivery channels, clear product classification and public-health measures could help prevent an uncertain regulatory environment from becoming an avenue for widespread availability.

Significance

The nicotine-pouch debate demonstrates a broader regulatory challenge: new products can emerge faster than existing laws are able to classify them. India’s response requires a balance between statutory clarity, effective enforcement and protection of public health.

The experience of electronic cigarettes also shows the importance of addressing emerging nicotine products before widespread availability makes enforcement more difficult.

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Nicotine Pouches Raise Regulatory Questions in India: