Tobacco products, electronic cigarettes, refill containers, nicotine-containing liquids, liquids other thannicotine-containing liquids for use in electronic cigarettes

Government proposal to Parliament for an Act amending the Tobacco Act

The Proposal proposes amendments to the Tobacco Act. The amendment is required because the sale ofnicotine pouches has been liberalised as a result of a change in the interpretation of the Medicines Act.

The Proposal would implement the entry in the Government Programme of Prime Minister Petteri Orpo’sGovernment according to which nicotine pouches will be included in the scope of the Tobacco Act and theirsale will be authorised in accordance with the rules set for them to prevent youth use, parallel imports and illicittrafficking, and to combat organised crime. Retail sales are made subject to authorisation, the nicotine limits ofthe products are aligned with those in use in neighbouring countries, and only flavours aimed at adults will beallowed.
The Proposal proposes to add to the Tobacco Act a definition for a ‘smokeless nicotine product’ that wouldcover nicotine pouches and products closely resembling these. Typically, these are snus-like products that donot contain tobacco plant but contain nicotine and which are similar to traditional tobacco for oral use in termsof use and appearance.
The Proposal would lay down a nicotine limit for smokeless nicotine products and characteristic fragrances andflavours would be prohibited, with the exception of menthol and mint flavours. In other respects, it is proposedto regulate smokeless nicotine products in a manner similar to that in which the Tobacco Act regulates tobaccoproducts and nicotine-containing liquids. Health warnings would be required for unit packets of the productsand the layout of the packaging would be harmonised. The retail sale of products would be subject toauthorisation, wholesale sales would be subject to notification and the distance selling of products would beprohibited. Quantity limits and time limits would be imposed on imports, for example. The products and theirsale would be subject to supervisory fees. The use of smokeless nicotine products would be prohibited in theindoor and outdoor are-as and playgrounds of kindergartens and pre-primary and basic education institutionsand vocational and upper secondary education institutions. The possession and import of all tobaccosubstitutes would be prohibited for persons under 18 years of age.
In addition, the Proposal proposes that imports of smokeless tobacco products such as tobacco for oral use(‘snus’) by passengers should be permitted in smaller quantities than at present.
The proposed Act is intended to enter into force as soon as possible. However, the provisions on thecharacteristics of smokeless nicotine products and retail packaging would only come into force at a later date.In addition, the proposed Act contains a number of transitional provisions.