Reclassification of nicotine pouches : the perspective of legislation, business and supervision

Abstract

Nicotine pouches were deregulated from the Medicines Act (395/1987) and included in the scope of the Tobacco Act (549/2016) in the spring 2023. This thesis addressed, from several perspectives, the resulted phenomenon around nicotine pouches and their effects on the Finnish market. The purpose of this thesis was to explore what happened after the reclassification of nicotine pouches, and how the legislative process for amending the Tobacco Act to cover nicotine pouches by the definition of smokeless nicotine products proceeded. The objectives included finding out what the transition of smokeless nicotine products under the scope of the Tobacco Act means in practice, what type of operators entered the market, and how extensive the marketing of nicotine pouches in violation of the marketing ban was during the market's so-called freedom.

The theoretical framework encompassed an overview of market regulation, legislation and regulation of tobacco and nicotine products, the definition of tobacco substitutes, and basic information regarding the notification and permit procedure as well as marketing and display bans for products subject to the Tobacco Act. It also comprised the proposals aiming to end the consumption of tobacco and nicotine products in Finland, the disadvantages of nicotine and nicotine pouches, and the means and strategies of tobacco and nicotine industry in terms of industry interference.

With a specific timeline at the core of this thesis, a research approach adopted was a case study. In case studies, the emphasis is on producing detailed and comprehensive information through multiple content-rich sources. A case study is suitable for studying a current phenomenon in its actual environment, enabling the use of different data sources and mixed methods. Research methods for conducting the research include interviews and document analysis.

The results indicated that the reclassification of nicotine pouches led to market growth and the entry of new operators in the industry. Based on the research, unawareness, lack of knowledge, and disregard have clearly been observed among the economic operators. Sales promotion and advertising in violation of the marketing ban was widespread, especially in digital channels. For the past few years, health claims and harm reduction have been golden arguments for the tobacco and nicotine industry in introducing new products and creating a new generation of nicotine addicts.