European nicotine regulation faces gaps due to new product technologies

The European nicotine market has evolved significantly over the last decade, moving beyond traditional cigarettes to include electronic cigarettes, heated tobacco products, and nicotine pouches. This rapid development has created regulatory gaps, as the current legal framework, based on the Tobacco Products Directive 2014/40/EU, was established in 2016 before many of these products reached their current market prominence.

A European Commission assessment noted that these technological advancements have led to significant regulatory discrepancies between member states. Consequently, there is no unified ‘European model’ for nicotine regulation. Approaches to sales, advertising, flavors, packaging, taxation, and youth access vary widely across the continent, from Sweden to Croatia.

Sweden maintains a unique position within the EU, as it is the only member state permitted to legally sell snus (oral tobacco) due to an exception negotiated during its accession. Despite this, Sweden enforces strict regulations on nicotine products without tobacco, including nicotine pouches. Under Swedish law, sales are restricted to those over 18, products must be registered with authorities, packaging must include health warnings, and commercial advertising on radio and television is prohibited.