The Swedish government is taking action to protect the future of nicotine pouches in Europe. This is clear after the government chose to criticise in the strongest possible way Spain's request to force the nicotine content of pouches down to 0.99 mg per pouch. In practice, this means a ban, according to the government.
"Nicotine pouches are not health products, and that is why we have regulated them in Sweden. But in a situation where smoking is allowed, nicotine pouches should also be allowed," says Minister for Foreign Trade Benjamin Dousa.
Several EU countries are planning or have already introduced restrictions on nicotine imports. Some countries, such as Germany, The Netherlands and Belgium has banned all sales (but allows private imports). France want to do the same.
But then there are countries that do things a little differently. In Spain, the government wants to regulate the pouches to what many would call unrecognisability. Just like upcoming legislation in Denmark, only artificial tobacco flavours will be allowed. Unlike Denmark proposed restriction of 9 mg per gram, Spain wants to reduce it to less than 1 mg per sachet, 0.99 mg.
"Hindering free movement"
Even if few measure in this way (different brands have different sized pouches and the amount of nicotine is measured per gram), the Spanish proposal is such a severe restriction that the Swedish government is now putting its foot down. After all, nicotine pouches are a product that is largely manufactured and exported by Swedish companies. The restriction is simply considered to affect Swedish interests.
"The Spanish proposal sets a ceiling that effectively excludes all the products concerned from the market. This is an intrusive measure that hinders free movement in the EU internal market. It may be a prohibited measure under the EU Treaty." the government writes.
Many smokers in Spain
The government points out that the use of nicotine pouches and snus in Sweden has had an effect on how the population uses nicotine. The proportion of smokers in Sweden is at 5.6 per cent compared to the Union average of 22.3 per cent. Closer to home 20 per cent of the Swedish population use snus, nicotine pouches and e-cigarettes.
In Spain, 23% of the population aged 14 and over currently smoke, according to Eurobarometer.
"Cigarettes and smoking tobacco pose a greater health risk than smokeless tobacco and nicotine products. According to the OECD, smoking is the single most important cause of most diseases, including some cancers, heart attacks and strokes. Lung cancer is the leading cause of cancer mortality and smoking is the leading risk factor for lung cancer. Therefore, to the extent that snus replaces cigarette consumption, it is considered a positive development from a health perspective." writes the government.
Concerns about addiction instead of cancer
According to Spain, the restriction on nicotine pouches is justified by similar arguments. But in the opposite direction. The focus is not on cancer and other diseases, but on nicotine and its addictive properties. Concerns about the popularity of nicotine pouches among young people are high, not only in Spain but also in other EU countries. But according to the Swedish government, there must be proportionality in the regulation. In Sweden, for example, nicotine pouches are regulated through age limits, marketing restrictions and taxes. A ban on pushing nicotine products to minors (as with alcohol) is also on the table for future legislation.
"In its notification, Spain has not explained why other, less restrictive measures could not be sufficient and proportionate in relation to the objective pursued by the regulation," the Government writes.
Unusually strong statement
The detailed opinion that the government has now provided is a sharper form of reaction that the Directive allows to be given to other Member States' legislative proposals, as opposed to merely providing a comment. A Member State that receives a detailed opinion must reply to the comments and set out the measures it intends to take to remove the obstacle caused by the regulation.
"Not a health product"
According to Benjamin Dousa, Sweden's Minister for Foreign Trade, the government wants to show that it stands up for Swedish snus and nicotine pouches through its statement.
"We want to send a signal to the rest of the EU countries that we will stand up for Swedish snus users. White snus is not a health product. But in a situation where smoking is allowed, white snus should also be allowed," says Benjamin Dousa, to Expressen.
Unbelievable