The Swedish government will most likely try to stop the French ban on nicotine pouches. Kammarkollegiet, the national board of trades, has now submitted a proposal for a letter on behalf of the government, which is very similar to the one the government submitted against Spain earlier this year.
- The French proposal to ban nicotine products for oral use lacks sufficient scientific basis and is contrary to the principle of proportionality, writes Kammarkollegiet via Head of Unit Christofer Berg.
Unlike Spain, which wants to reduce the nicotine content of pouches to below 1 mg/ pouch, France wants to ban the sale and manufacture of nicotine pouches outright. In practice, the ban would apply to all oral nicotine products, with the exception of medicines and chewing tobacco. But to do so, it must first obtain the authorisation of the European Commission and, by extension, of the other EU countries. This has opened the door for the Swedish government to take a stand on nicotine pouches, a product that was both invented and manufactured in Sweden and is largely exported by Swedish companies. In early May, the government therefore asked Kammarkollegiet, the authority that normally prepares and advises on legal issues, including in the EU area, to propose appropriate measures. And the response was clear.
- Sweden should argue that the French proposal risks constituting a quantitative barrier to trade in violation of EU law and the principle of mutual recognition. France has not demonstrated that nicotine pouches pose a real cross-border public health risk, nor has it justified why less intrusive measures - such as age limits or nicotine caps - would not suffice," writes chamber college.
Smokes more than the rest of the EU
At present, between 20 and 25 per cent of the French population, equivalent to 12 million people. According to statistics from the Global Burden of Disease, every year nearly 60,000 French men and women from smoking-related diseases, which the national board of trade wants the government to recognise.
- Sweden should recall the proven harm-reduction effect of nicotine pouches in countries such as Sweden and Norway, where smoking prevalence and tobacco-related mortality rates are among the lowest in Europe. Banning such products could paradoxically run counter to public health objectives, especially for adult smokers seeking alternatives to cigarettes, the Chamber adds.
Support from stakeholder organisations
Kammarkollegiet has also consulted a number of Swedish consultation bodies on the French ban. The responses differ widely between the organisations consulted. According to the think tank Tobaksfakta (funded by the Public Health Agency of Sweden) and the Swedish Cancer Society, the French ban is entirely appropriate.
- Tobaksfakta fully supports France's proposal for a national ban on nicotine-containing products for oral use. The proposal is motivated by a worrying increase in the use of such products among children and young people in Europe, and is based on current research showing that nicotine itself is toxic and highly addictive. According to France, nicotine poses a public health risk regardless of the form of the product or whether the nicotine is synthetic or natural. Therefore, a total ban is considered a justified, necessary and proportionate measure to protect public health, especially young people, says Tobaksfakta in its comment..
"Disproportionate and unscientific"
They are countered by the Swedish Snus Manufacturers Association, which points to the principle of harm reduction in the nicotine market.
- France's arguments on the hazardousness of nicotine are based on an outdated classification. Recent assessments by the European Chemicals Agency (ECHA) and the German BfR show that nicotine portions, especially those complying with Swedish industry standards, do not pose an acute toxic risk. The CLP Regulation, invoked by France, deals with the labelling of potentially dangerous substances and not with actual risk. In addition, the Swedish Poison Information Centre shows that the products very rarely cause serious incidents, writes the Swedish Snus Manufacturers' Association.
Can stop the ban for six months
Kammarkollegiet has now submitted its proposal to the government, which is expected to decide how Sweden should respond to the French proposal, before the end of the week..
- The reaction is proposed to be submitted as a detailed opinion in accordance with Article 6(2) of Directive (EU) 2015/1535. The detailed opinion means that the proposal's freezing period is extended to a total of six months, and that France has an obligation to respond to the comments made, writes Kammarkollegiet.
