Context
- A recent study by ICMR–National Institute of Cancer Prevention and Research (NICPR) has highlighted the growing availability of nicotine pouches in India through online platforms, tobacco/hookah shops and delivery services.
- The concern is that these products contain nicotine but no tobacco, and are neither electronic cigarettes nor conventional tobacco products. This raises an important question: Which Indian law regulates them?
What are Nicotine Pouches?
- Nicotine pouches are small, tobacco-free oral products containing:
- Nicotine
- Flavouring agents
- Plant-based fibres and other ingredients
- They are placed between the lip and gum, from where nicotine is absorbed through the oral mucosa.
Why does a Regulatory Gap Arise?
India’s major nicotine-related laws were designed around specific categories of products, such as:
1. COTPA, 2003
- The Cigarettes and Other Tobacco Products Act (COTPA) regulates cigarettes and tobacco products.
- Since nicotine pouches are marketed as tobacco-free, their automatic classification under COTPA is legally problematic.
2. PECA, 2019
- The Prohibition of Electronic Cigarettes Act (PECA) prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes.
Why nicotine pouches fall outside this framework?
- Because they are:
- Not electronic
- Do not generate vapour/aerosol
- Do not require a vaping device
Could Nicotine Pouches Be Treated as Drugs?
- This is another issue raised by their legal classification.
- The Drugs and Cosmetics Act, 1940 regulates drugs and certain therapeutic products.
- Nicotine is used in nicotine-replacement therapies (NRTs) such as: Nicotine patches, Nicotine lozenges.
- These are intended to help in tobacco cessation.
- However, a nicotine pouch intended for recreational nicotine consumption cannot automatically be treated as a therapeutic drug merely because it contains nicotine.
Can They Be Sold at Duty-Free Shops?
- Duty-free does not mean law-free.
- A duty-free shop primarily concerns customs-duty treatment. It does not automatically exempt a product from other applicable laws or import restrictions.
- Hence, the mere presence of a nicotine pouch in a duty-free environment does not by itself establish that its import or sale is legally permissible.
| Important CTC from this article for UPSC: COTPA, 2003 Prohibition of Electronic Cigarettes Act, 2019 (“PECA”). |
Q. Consider the following statements regarding nicotine pouches in India:
1. They contain tobacco leaves and are therefore automatically regulated as tobacco products under COTPA.
2. The Prohibition of Electronic Cigarettes Act, 2019 directly prohibits nicotine pouches.
3. Indian food-safety regulations prohibit the use of nicotine as an ingredient in food products.
Which of the statements given above is/are correct?
A. 1 only
B. 3 only
C. 1 and 2 only
D. 2 and 3 only
Answer: B. 3 only
Statement 1 is Incorrect: Nicotine pouches are tobacco-free oral products. They contain nicotine but not tobacco leaves. Therefore, they cannot be automatically treated as tobacco products under COTPA, 2003 merely because they contain nicotine.
Statement 2 is Incorrect: The Prohibition of Electronic Cigarettes Act (PECA), 2019 specifically targets electronic cigarettes. Nicotine pouches are non-electronic and do not produce vapour/aerosol. Hence, PECA does not directly cover them.
Statement 3 is Correct: Under India's food-safety framework, nicotine and tobacco cannot be used as ingredients in food products. Therefore, the statement is correct.