Nicotine Pouches: The Legal and Regulatory Gap in India

08 Sep 2026

Tags: Society   Population Issues   Demographics

Source: The Hindu

Context: A 2026 study by the ICMR–National Institute of Cancer Prevention and Research found nicotine pouches entering Indian cities through online platforms, hookah shops and delivery services. A World Health Organization (WHO) warning has also highlighted their health risks, raising questions about their regulatory status in India.

What are Nicotine Pouches?

• Nicotine pouches are small, tobacco-free pouches containing nicotine, flavourings and plant-based fibres.
• They are placed between the lip and gum, where nicotine is absorbed through the oral tissues into the bloodstream.
• Unlike cigarettes and vapes, they involve neither combustion nor vapour, and do not require spitting.

Do COTPA Provisions Apply?

• The Cigarettes and Other Tobacco Products Act, 2003 (COTPA) regulates the advertising, marketing and sale of cigarettes and other specified tobacco products.
• Its definition of “tobacco products” does not automatically cover every product containing nicotine.
• Since nicotine pouches contain no tobacco and are not among the products specifically covered by COTPA, extending the Act to them could face legal challenges.
• This reflects the principle that restrictions on trade and commerce must have clear statutory authority and cannot be expanded merely through broad interpretation.

Can They Be Regulated as Drugs?

• Nicotine itself is not listed as a drug in the schedules of the Drugs and Cosmetics Act, 1940.
• However, nicotine patches and gums have been approved for therapeutic use in nicotine-dependence treatment by the Drug Controller General of India.
• Schedule K of the Drugs and Cosmetics Rules, 1945 provides exemptions for certain nicotine-containing gums and lozenges with less than 2 mg nicotine, subject to specified conditions.
• This creates an argument that nicotine products outside these exemptions could potentially fall within the regulatory framework of the Drugs Act.
• However, nicotine pouches make no therapeutic or cessation claim and are primarily marketed as alternatives to cigarettes, making their classification as drugs legally contestable.

Why Does the Vape Ban Not Cover Nicotine Pouches?

• The Prohibition of Electronic Cigarettes Act, 2019 (PECA) prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertising of electronic cigarettes.
• Nicotine pouches are fundamentally different because they contain no electronic device and produce neither smoke nor vapour.
• Therefore, they do not fall within the statutory definition of electronic cigarettes and are not covered by PECA.
• The enactment of a separate law for e-cigarettes also indicates that the government did not rely solely on the Drugs Act to prohibit vaping products.

Could Nicotine Pouches Be Treated as Food?

• The Food Safety and Standards Act, 2006 defines food broadly as substances that are processed, partially processed or unprocessed and intended for human consumption.
• Judicial decisions concerning supari and chewing tobacco have interpreted the concept of food broadly, including products that are chewed rather than swallowed.
• Consequently, it is arguable that nicotine pouches could come within the broad definition of food.
• However, such classification would raise further questions regarding their food safety, ingredients, nicotine content and regulatory standards.

Import Regulation: The Key Legal Route

• Import restrictions are primarily governed by the Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962.
• The Central Government can regulate or prohibit imports under the Foreign Trade Act, with the Directorate General of Foreign Trade (DGFT) administering the import-export regime through the ITC-HS classification system.
• Under Section 11 of the Customs Act, the government can prohibit or restrict goods on grounds including protection of human, animal and plant life.

ITC-HS Classification of Oral Nicotine Products

• Following changes to the World Customs Organization’s Harmonized System, specific customs classifications were created for oral nicotine products that do not involve combustion.
• 2404 91 30: Tobacco-free, single-use oral nicotine pouches such as Zyn/Lyft-type products.
• 2404 91 90: Other oral nicotine products not intended for therapeutic purposes.
• Products under 2404 91 30 are classified as “restricted” rather than prohibited.
• Therefore, they cannot simply be imported by paying customs duty; specific permission or a licence is required.
• This differs from e-cigarettes, which are subject to an outright prohibition under PECA.
• Products classified as medicines are treated separately where they are genuinely intended as therapeutic/cessation aids.

Can They Be Sold at Duty-Free Shops?

• Nicotine pouches have reportedly become available at some Indian airport duty-free shops.
• Duty-free shops operate under Section 58 of the Customs Act and are not completely outside Indian legal jurisdiction.
• In Flemingo Duty Free Shop Pvt. Ltd. v. Shri Kaushik Bhattacharya (2024), the Calcutta High Court held that a duty-free shop does not “import” goods into India for certain purposes under customs law and is treated as being outside Indian territory for that limited purpose.
• This judgment does not mean that Indian laws generally cease to apply inside duty-free shops; otherwise, ordinary criminal, regulatory and jurisdictional laws would become unworkable.
• While goods such as cigarettes, alcohol, jewellery, watches, food and certain electronic items are permitted subject to applicable rules, restricted nicotine pouches would require the necessary import authorisation.
• Since nicotine pouches are classified as restricted, it is doubtful that they can legally be stocked without the required licence or permission.

Why the Regulatory Gap Matters

• Nicotine pouches currently occupy a grey regulatory space because they do not clearly fit within COTPA, PECA or conventional drug regulation.
• Their rapid availability through online platforms, hookah shops and delivery services could allow consumption to expand before an effective regulatory framework is established.
• Delayed regulation may encourage the development of a large market, after which prohibition could drive products into illegal and smuggled channels, as seen with e-cigarettes.

Way Forward

• The government can use its powers under the Customs Act and Foreign Trade Act to prohibit or regulate the import of nicotine pouches on public-health grounds.
• A clear notification would provide greater legal certainty, prevent regulatory arbitrage and enable enforcement.
• Early intervention is important because regulating an emerging nicotine product before widespread demand becomes entrenched is easier than attempting to eliminate an established market.
• The broader policy challenge is to ensure that gaps in product-specific legislation do not allow new forms of nicotine delivery to evade public-health regulation