A report by the BBC has highlighted demands from health campaigners to the government. The report quoted Hazel Cheeseman, spokesperson for Action on Smoking and Health (ASH), who called on the current government to "ban free samples and sales to those under 18, introduce strength limits, and restrict the marketing of small packets.
The New Nicotine Alliance commented, "Although there is no age restriction on the sale of pouches, technically it is not a loophole but rather a lack of regulation because pouches are already regulated under the General Product Safety Regulations and do not have their own regulatory framework." The NNA expressed its approval of some proposals made by the BBC.
In February and August of 2020, we wrote to Health Secretary Matt Hancock regarding regulation of nicotine pouches, and in January of 2021, we wrote again to Public Health Minister Jo Churchill to discuss the issue. Our letters emphasized the potential benefits of nicotine pouches but also pointed out the need for regulations to combat "unscrupulous sellers operating with impunity in the UK.
We also note that although there is 'no evidence that these nicotine pouches are currently in the hands of those under the age of 18,' it is necessary to establish a minimum sales age to prevent any difficulties that may arise in the absence of nicotine. It is clear that these products are designed for adults who wish to use safer nicotine products.
The New Nicotine Alliance has proposed that the government instruct the Committee on Toxicity (COT) to conduct a comprehensive toxicological study to evaluate the potential benefits of nicotine pouches, similar to what has been done for tobacco products such as electronic cigarettes and heated products.
The report has been commissioned and the initial draft was released in July of this year. A similar process has also taken place in Germany, where the German Federal Institute for Risk Assessment (BfR) conducted a toxicological assessment of the bags and came to positive conclusions, the consumer group continued to say.
We also agree that there should be a clear limit on the strength of nicotine pouches, as well as a standard measure for consumers to understand the strength of the product they are buying, since currently different manufacturers convey product strength in different ways.
We know that nicotine strength is not the only factor in how consumers safely consume nicotine from pouches and non-tobacco products. Manufacturing quality and ingredients also play a role. However, until more complex regulatory evaluations of all these factors can be implemented, the set restrictions can serve as a wise barrier to help drive unregulated and irresponsible online sellers out of the market.
Our friends at ETHRA have informed us that this is not unprecedented in Europe. In October, the Slovakian parliament unanimously passed legislation regulating nicotine pouches. The legislation introduced a definition for nicotine pouches, regulated their composition, mandated health warnings, set a nicotine limit of 20mg per pouch, and implemented other measures.
The New Nicotine Alliance disagrees with the proposal to ban samples. They believe that if smokers are not intending to switch to vaping or quit smoking through other means, offering small packs is a useful way to encourage them to do so.
The latest report from the "Smoking and Health Action" regarding e-cigarette use in the UK has revealed that only 3.9% of the public have tried nicotine pouches. In order to truly progress towards a smoke-free 2030, it is important to educate the public on all of the low-risk options for nicotine delivery, and banning advertising for them when over 14% of the adult population still smokes serves no benefit.
In the letter we sent to the Department of Health, we outlined our overall strategy to reduce harm in the UK, as well as our recent independent tobacco review, in which we recommended the establishment of a regulatory framework for nicotine pouches and other non-tobacco oral products based on consumer welfare and the protection of nicotine products.
We are glad to see that some of our long-standing recommendations on regulating nicotine pouches have been adopted by health groups. However, it is important that the government does not go too far with excessive regulation that could harm the potential benefits of the product. We don't want to lose sight of the goal.
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