Smokeless nicotine products
With the amendment to the Tobacco Act that came into force on August 1, 2025, a new definition of a smokeless nicotine product has been added to the Tobacco Act. The Tobacco Act imposes various restrictions on smokeless nicotine products and their characteristics.
General information about smokeless nicotine products
A smokeless nicotine product refers to a tobacco substitute that corresponds to chewing tobacco, nasal tobacco, or tobacco for oral use in terms of its intended use and that contains nicotine. For example, nicotine pouches and closely related products are smokeless nicotine products. Smokeless nicotine products are therefore a subgroup of tobacco substitutes. This means that the provisions of the Tobacco Act concerning tobacco substitutes also apply to smokeless nicotine products, unless more specific provisions concerning smokeless nicotine products are laid down elsewhere in the Tobacco Act.
The manufacturer or importer of a smokeless nicotine product must notify Valvira in advance of any product it intends to start sell or otherwise supply to consumers. Manufacturers or importers must also submit annual reports to Valvira on the sales volumes of smokeless nicotine products by brand and product type. Product notifications must be submitted for products on sale when the law comes into force within six months of the law coming into force, i.e. by January 31, 2026, at the latest.
Read more about the notification obligation for smokeless nicotine products on the Notifications concerning smokeless nicotine products subpage. Valvira has also prepared guidelines for manufacturers and importers on how to notify Valvira and the European Commission of smokeless nicotine products, particularly nicotine pouches, via the EU Common Entry Gate (EU-CEG) portal. You can access the guidelines via this link.
To meet the definition of a smokeless nicotine product, the product must:
- be a tobacco substitute, i.e. a product which corresponds to tobacco in its intended use but does not contain tobacco
- correspond to chewing tobacco, nasal tobacco, or tobacco for oral use in terms of its intended use
- contain nicotine. Nicotine can be synthetic or natural and can be added to a product in the form of powder, particles, paste, or a combination thereof. According to Valvira's interpretation, 6-methylnicotine is also classified as a nicotine alkaloid.
It should be noted that, for example, energy snus, a tobacco substitute similar to tobacco for oral use but which does not contain nicotine, does not meet the definition of a smokeless nicotine product. However, it does meet the definition of a tobacco substitute and is therefore subject to all regulations concerning tobacco substitutes.
Tobacco substitutes that are similar in use to chewing tobacco and nasal tobacco are also considered smokeless nicotine products. A liquid product may also be a smokeless nicotine product if it contains nicotine and is specifically intended for use as chewing tobacco, nasal tobacco, or tobacco for oral use.
Requirements for smokeless nicotine products
From February 1, 2026, it is prohibited to sell or otherwise supply smokeless nicotine products to consumers:
- which contain more than 16.6 milligrams of nicotine per gram of product,
- which have a characteristic flavor or aroma; however, smokeless nicotine products may have a menthol or mint flavor,
- whose unit dosage (e.g. one nicotine pouch) weighs less than 0.5 grams or more than 1 gram,
- which contain additives that are liable to create the impression that the product has a health benefit or presents reduced health risks compared to other tobacco products,
- which contain stimulant compounds or other additives that are liable to create an impression of energy and vitality,
- which contain additives that have CMR properties in unburnt form,
- which contain flavorings in any part of the product that can alter its smell or taste. For example, nicotine pouches containing a flavor capsule that the consumer can pop themselves are prohibited,
- which contain additives in quantities that increase the toxic or addictive effect, or the CMR properties of a tobacco product at the stage of consumption to a significant or measurable degree.
Characterising flavours and aromas in smokeless nicotine products
In the Tobacco Act, a characterising flavour or aroma means a smell or taste other than one of tobacco, resulting from an additive or a combination of additives, which is clearly noticeable in a tobacco product, nicotine-containing liquid or nicotine-free liquid intended for vaporisation and a smokeless nicotine product before or during its consumption.
The underlying principle is that smokeless nicotine products may only taste like unflavoured tobacco products, such as conventional tobacco for oral use. However, smokeless nicotine products may also taste like menthol or mint. This constitutes an exception to the ban on characterising flavours or aromas.
It should also be noted that prohibited flavours include flavour combinations (e.g. mint-menthol, mint-tobacco).
No additional attributes, such as ‘frozen menthol’, may be used in connection with the flavour of smokeless nicotine products. Additional attributes (e.g. ice, max, slim, light) in connection with the indication of flavour can be interpreted as presenting the flavour in an advertising manner, which may be problematic from the perspective of the marketing ban in the Tobacco Act (Section 68 of the Tobacco Act) and the regulations on retail packaging (Sections 39 a – b). Read more about the marketing ban in the Tobacco Act here and the requirements concerning retail packaging and other aspects of the appearance of smokeless nicotine products here.