Nicotine pouches occupy legal grey area in India's tobacco framework

Nicotine pouches, small pouches containing nicotine that users place between their gum and lip, occupy an increasingly uncertain position within India's regulatory landscape. While the Cigarettes and Other Tobacco Products Act (COTPA), 2003, forms the cornerstone of India's tobacco control framework, legal experts argue it does not explicitly address nicotine pouches, leaving their status considerably unclear.

The ambiguity stems from COTPA's primary focus on traditional tobacco products and vaping devices. When India banned e-cigarettes and similar vaping products in 2019, nicotine pouches were not specifically mentioned in the prohibition order, potentially creating a regulatory loophole. This has led to questions about whether nicotine pouches could be classified as food products or if they fall outside existing legislation altogether, a distinction with significant implications for their sale and distribution.

Import regulations further complicate the picture. The legal pathway for bringing nicotine pouches into India remains murky, with customs authorities lacking clear guidelines on whether these products constitute prohibited tobacco items or fall into a different category. Similarly, their availability at duty-free shops at Indian airports and ports has raised concerns about whether current rules adequately govern their retail sale.

Regulatory experts warn that the legislative gap could allow nicotine pouches to proliferate without adequate health safeguards. Industry observers and public health officials have begun calling for clarification from the government on whether nicotine pouches should be brought explicitly under tobacco control laws or if new regulations are needed to address this emerging category of nicotine delivery products. The government has not yet issued formal guidance on the matter.