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.
Smokeless nicotine products would be subject to a nicotine limit (up to 16.6 milligrams of nicotine per gram ofproduct) and adding characterising fragrances and flavours to them would be prohibited with the exception ofmenthol, mint, tea, ginger, rosemary and wood. In other respects, it is proposed to regulate smokeless nicotineproducts in a manner similar to that in which the Tobacco Act regulates tobacco products and nicotine-containing liquids. Health warnings would be required for unit packets of the products and the layout of thepackaging would be harmonised. The retail sale of products would be subject to authorisation, wholesale saleswould be subject to notification and the distance selling of products would be prohibited. Quantity limits andtime limits would be imposed on imports, for example. The products and their sale would be subject tosupervisory fees. The use of smokeless nicotine products would be prohibited in the indoor and outdoor are-asand playgrounds of kindergartens and pre-primary and basic education institutions and vocational and uppersecondary education institutions. The possession and import of all tobacco substitutes would be prohibited forpersons under 18 years of age.
The proposed Act is intended to enter into force as soon as possible after the end of the standstill period underthe Directive on technical regulations. However, the provisions on the characteristics and unit packets ofsmokeless nicotine products would only come into force at a later date. In addition, the proposed Act containsa number of transitional provisions.