01.07.2025 Police called in – Unfortunately, it is becoming increasingly apparent that unauthorised nicotine pouches are being placed on the market in Germany.
They are not regulated under German tobacco law, but are regarded as non-marketable foodstuffs. Firstly, they are not authorised under food law, and secondly, they are considered harmful to health due to the nicotine they contain. With their sometimes extremely high nicotine content and sweet, fresh flavours, they lead the next generations into nicotine addiction in order to secure the profits of the tobacco giants in the long term. Placing them on the market is an administrative offence or a criminal offence.
As part of their market monitoring, Pro Rauchfrei, a consumer protection association with the power to bring legal action, discovered that nicotine pouches were being offered for sale in a newly opened vending machine kiosk in Straubing. The Straubing police were called in to investigate the matter and will prepare a report for the city of Straubing’s food inspectorate. If the samples confirm the suspicion, the operators can expect fines or criminal proceedings.
Stephan Weinberger, Chairman of Pro Rauchfrei, has clear words on the subject:
The range of products on offer in online shops and the growing number of vending machine shops is increasing immensely. Regardless of the sales ban, attempts are being made to establish a trendy product, even though it is obviously harmful. A random sample of the last few days revealed a large number of offences. The food control authorities are called upon to act promptly.
Background
As the Bavarian State Office for Health and Food Safety (LGL) writes, “nicotine pouches, also known as ‘nicopods’, … are sachets made of filter paper that contain nicotine as a valuable ingredient in addition to carriers based on crushed plant material (often cellulose) and added flavourings and aromas. These sachets are placed in the mouth and placed under the upper lip or in the cheek pouch and left there for a longer period of time (approx. 20-30 minutes). Through contact with the saliva, nicotine or the nicotine salts used and the other saliva-soluble components (e.g. flavourings) are dissolved and thus pass from the cellulose sachet into the saliva.”
The authority further informs that a toxicological evaluation in 2020-22 of 26 nicotine pouches with different flavours and nicotine strengths submitted for assessment showed “that the amount of nicotine contained in the samples, which is absorbed by humans during consumption, is associated with a harmful effect on health. All 26 samples analysed by the LGL were… assessed as harmful to health due to their nicotine content and therefore as unsafe food within the meaning of European food law (Article 14(2)(a) of Regulation (EC) No 178/2002). As a result, these products were not marketable and withdrawn from the market. Furthermore, the nicotine contained in the samples was assessed as an unauthorised novel food ingredient within the meaning of the EU Novel Food Regulation (Regulation (EU) 2015/2283).”
Read more: