Protecting residents as nicotine pouches rise in popularity

Head of Prevention, Protection and Trading Standards at Oxfordshire County Council, Jody Kerman talks about the importance protecting residents from non-compliant nicotine pouches.

Here in Oxfordshire, we’ve been watching the rise of popularity of nicotine pouches closely and with growing concern. As a result, we are already expanding our work on tackling the supply and perception of illegal tobacco and vapes to cover protecting our residents from non-compliant nicotine pouches and other similar products.

So far, much of the work by councils have been focused on illegal cigarettes and hand-rolling tobacco.?Oxfordshire County Council has been keen to go further and seek to prevent the sale of non-compliant nicotine pouches as well.

Unlike similar tobacco pouches, commonly known as snus, nicotine pouches are a legal product. However, both on the high street and online, we are seeing a significant growth in illegal versions being sold locally and nationally – with incorrect labelling and product claims, and a lack of important safety information.

With limited regulatory controls covering these products, including no legal age restriction, they are often packaged in a child appealing way, referring to attractive features such as a range of flavours.

It is suspected that much of the growth in interest in these products, comes from social media ‘advertising’ and from influencers of young people.

A recent study commissioned by the Professional Footballers Association found that almost one in five male professional footballers are regularly using nicotine pouches and nearly half would like to quit.

In 2020, 34 percent of British adults had heard of them. By 2022 awareness had increased to 44 percent. The proportion of adults who had ever tried nicotine pouches was also significantly higher in 2022 (3.9 per cent) than in 2020 (2.7 per cent).

Nicotine pouches are also now being commonly sold in youth-centric settings like music festivals and, unsurprisingly, the use is increasing most among the younger demographic.

Tobacco-free nicotine pouches are a legal product, whereas tobacco pouches have been prohibited in the UK and most of Europe for many years. But some other ?smokeless tobacco products such as gutka or paan masala are legal and are popular within Asian communities in the UK.

However, smokeless tobacco products (including snus) are often substantially cheaper than cigarettes, so prove an attractive alternative – regardless of their legal status.

Oxfordshire County Council’s Trading Standards team have been aware of this and are already taking significant action to tackle the sale of illegal products and, crucially, non-compliant tobacco-free nicotine pouches.

As part of the ongoing work of seizing illegal disposal vapes and other tobacco products, the team have expanded their work to include nicotine pouches.

Our work in this area is in its infancy, compared to illegal tobacco and vapes, but we have already seized 564-unit packs so far and that will undoubtedly rise as we continue to develop a better understanding of nicotine pouches, how and where they are sold, distribution chains and points of importation - and as the product becomes more popular.

The nicotine pouches we are seizing are non-compliant because they are often not labelled in English or do not comply with important safety labelling requirements.?

Samples sent for testing have also shown erratic nicotine contents of pouches from the same unit pack and nicotine claims on the packaging that are wildly different from their actual content – prompting concerns around a lack of quality control and responsibility by producers.

These non-compliant products often have far greater nicotine content, and the concern is that, given these products are not currently age-restricted, a child may be able to purchase them, not be able to follow the instructions for use because they are not in English or are just missing entirely and potentially ingest large amounts of nicotine.

Many of the non-compliant products seized have been alongside illegal tobacco and other nicotine products, with sellers attempting to avoid detection via elaborate ‘hides’ and hidden storage locations.

Although in most cases we would look to work with retailers around non-compliant products, providing advice and removing items from sale, due to the seriousness of this situation, we already have two criminal investigations underway that involve the sale of nicotine pouches – in these cases they have been seized alongside illegal tobacco, shisha and vapes.

Like vapes, it’s evident that nicotine pouches are becoming more popular in the UK, particularly with the younger demographic. So, it’s our duty to make sure that the products being sold adhere to current legal standards and it is for lawmakers to consider what new regulations and legal powers might be necessary.

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