Hawaii Proposes First-in-Nation Nicotine Limits for Tobacco Products

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Hawaii could become the first U.S. state to set nicotine limits for tobacco products under a new bill introduced in the state legislature. Sen. Chris Lee, D-Kailua, proposed S.B. 1165 last Friday, just days after the U.S. Food & Drug Administration (FDA) announced it was considering a similar nationwide standard.

The Hawaii bill, which is less than half a page long, would direct the state’s Department of Health to determine “safe levels” of nicotine in products sold within the state. However, it does not provide any guidance on what those levels should be or which specific products would be affected.

In contrast, the FDA’s proposal is seeking public comment on a potential standard of 0.7 mg of nicotine per gram of tobacco. According to the agency, the average nicotine content for the “top 100 cigarette brands” in 2017 was 17.2 mg per gram.

The federal proposal, which is facing legal challenges, would exempt “premium cigars” that meet an eight-part definition, including requirements for whole leaf wrappers and binders and no characterizing flavors other than tobacco. The Hawaii bill, as currently written, would likely apply to premium cigars as well.

If passed, the Hawaii legislation could have significant implications for the tobacco and vaping industries, as well as consumers who use nicotine products. Supporters argue that limiting nicotine levels could help reduce addiction and improve public health, while critics claim it would infringe on personal freedom and drive users to the black market.

As the first state-level proposal of its kind, Hawaii’s bill is likely to face intense scrutiny and debate in the coming months. Its fate could also be influenced by the progress of the FDA’s national nicotine standard, which is expected to face a lengthy rule-making process and potential legal challenges.

Polish Government to Introduce Excise Tax on Reusable E-Cigarettes and Nicotine Pouches

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The Polish government is set to discuss a draft amendment to the Excise Tax Act, which proposes extending the excise tax to additional nicotine-containing products, including reusable e-cigarettes, HTPs, and nicotine pouches. The amendment also seeks to broaden the definition of so-called “innovative products.”

According to the draft’s Regulatory Impact Assessment (RIA), the excise tax rate for vaporization devices, such as reusable e-cigarettes, HTPs, and multifunctional devices, will be set at 40 PLN per unit. For reusable devices, the 40 PLN excise tax will be paid once, and the device can be refilled with liquid or used for vaporizing innovative products multiple times. Considering the average lifespan of vaporization devices is about two years, the excise tax included in the selling price will be spread over the entire period of use.

The RIA also states that excise tax rates for nicotine pouches and other nicotine products will be subject to a “roadmap,” with the rate set at 150 PLN/kg in 2025, 200 PLN/kg in 2026, and a target rate of 250 PLN/kg in 2027.

The Ministry of Finance estimates that the state budget revenues from the amendment will amount to 82.5 million PLN in 2025 and 433.7 million PLN in 2026. From 2027 to 2034, the annual revenue is expected to reach 524.7 million PLN, totaling over 4.71 billion PLN over the decade.

The draft’s authors expect the changes to limit the affordability of vaporization devices, particularly disposable e-cigarettes, especially for the younger population who are beginning to use addictive substances that lead to irreversible health damage.

The revised definition of innovative products in the proposed amendment recognizes products designed to deliver aerosol to the human body, generated by heating the contained tobacco without combustion, in specially adapted devices (heaters).

Currently, the Excise Tax Act defines innovative products as those containing tobacco. However, the authors of the amendment note that non-tobacco products, both with and without nicotine, have emerged on the market, which do not fall under the current definition of innovative products and, thus, are not subject to excise tax. These products often replace tobacco with any suitable raw material, most often plant-based, such as tea, hemp, or rooibos. Consequently, the need has arisen to include these products in the excise tax system by adapting the current definition of innovative products to the changes in the market for tobacco product substitutes.

As the Polish government prepares to discuss the draft amendment, the vaping industry and consumers alike will closely monitor the potential impact of the proposed excise tax on the accessibility and affordability of reusable e-cigarettes and nicotine pouches.

FDA Grants Marketing Authorization to 20 ZYN Nicotine Pouch Products

The U.S. Food and Drug Administration (FDA) has authorized the marketing of 20 ZYN nicotine pouch products through the premarket tobacco product application (PMTA) pathway. This decision comes after an extensive scientific review, marking the first time the FDA has granted marketing authorization to nicotine pouches, which are small synthetic fiber pouches containing nicotine designed for oral use.

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Nicotine Pouch Use at 1% in UK Youth and Adults as Regulation Looms

A recent study conducted by researchers from the Institute of Psychiatry, Psychology & Neuroscience (IoPPN) at King’s College London, in collaboration with Action on Smoking and Health (ASH), has found that approximately 1% of adults (18 and over) and youths (11-18 years old) in Great Britain currently use nicotine pouches. The research, published in Nicotine and Tobacco Research, comes as the government’s Tobacco and Vapes Bill reaches the committee stage in the House of Commons.

Proposed Regulations to Address Nicotine Pouch Use

The Tobacco and Vapes Bill aims to regulate nicotine pouches by establishing a minimum age of sale of 18, prohibiting advertising, and enabling the government to control the contents, branding, and display of these products. Nicotine pouches are small sachets designed to be placed between the upper lips and gums, releasing a flow of nicotine without containing tobacco, unlike similar products such as snus.

To assess changes in nicotine pouch use over time among adults and establish current use among youth, researchers analyzed data from the ASH Smokefree GB Adult Surveys 2020-2024 and the ASH Smokefree GB Youth Survey 2024. The study found that while the number of GB adults who had ever used a nicotine pouch doubled between 2020-24 to 5.4%, only 1% of respondents reported current use. Similarly, 1.2% of youth respondents indicated current nicotine pouch use.

Professor Leonie Brose, Professor of Addictions & Public Health at King’s IoPPN and the study’s first author, commented, “Nicotine pouches inhabit a difficult space within regulatory frameworks. They do not contain tobacco and make no claims about having a medicinal benefit. As such, there is no minimum age of sale and no restriction on the marketing of these products. While use actually isn’t as widespread as sometimes stated in public conversation, proposed new regulation can help ensure it stays that way.”

Caution Urged Despite Low Prevalence

Despite the relatively low prevalence of nicotine pouch use in Britain, researchers emphasize the need for caution, as the data shows increasing use, particularly among younger adults, males, and individuals with experience using vaping products, smoking, and other addictive substances.

Hazel Cheeseman, Chief Executive Officer at ASH and the study’s last author, stated, “Nicotine pouches are less harmful than smoking and if used as an alternative to smoking can be positive for public health. However, in the absence of appropriate regulation there has been widespread promotion of products, targeting youth orientated events and venues. This has likely contributed to the disproportionate increase in use among younger people. The planned regulations in the Tobacco and Vapes Bill should address these loopholes in the law.”

The study was supported by the UK Prevention Research Partnership, underscoring the importance of ongoing research and collaboration in informing effective public health policies related to nicotine products.

U.S. Soldiers 10x More Likely to Use Synthetic Nicotine Pouches

A recent study conducted by researchers from the University of Virginia (UVA) has revealed that American soldiers are 10 times more likely to use addictive synthetic nicotine pouches, such as the popular brand Zyns, compared to the average civilian. The survey, conducted at Fort Liberty, the largest military base in the U.S., found that 23.8% of personnel had used a nicotine pouch at least once in the past 10 days, while only 2.9% of American adults reported using a pouch during the same time period in a 2022 study.

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Polish Finance Minister Considers Raising Excise Tax on Nicotine Pouches

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Collaboration with Health Ministry to Analyze Situation and Make Responsible Decisions

Andrzej Domański, the Polish Minister of Finance, informed TVP Info on Tuesday that the Ministry of Finance is considering the possibility of raising the excise tax on tobacco products, such as nicotine pouches, for health reasons. He added that the Ministry of Finance, along with the Ministry of Health, is thoroughly analyzing the situation.

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Vape and Oral Nicotine Categories Undergo Significant Shifts in C-Store Channel

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Industry Faces Challenges with Illegal Products, Favors Disposables, 0% Nicotine, and Modern Oral

As the vape and oral nicotine categories continue to evolve in the convenience store (c-store) channel, retailers are grappling with the impact of illegal products, shifting consumer preferences, and regulatory developments. Industry experts predict that 2025 may bring further regulatory clarity as the Center for Tobacco Products reviews premarket tobacco product applications (PMTAs) and intensifies enforcement efforts against illegal vape products.

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The Evolution of Nicotine Pouches: From Swedish Snus to Modern Alternatives

Sweden boasts the lowest tobacco-related mortality rate in Europe, despite having tobacco use rates similar to other countries, including the UK. This phenomenon, known as the Swedish Experience, can be attributed to the widespread use of snus, a smoke-free, moist, pasteurized tobacco product, instead of cigarettes. The story behind snus plays a crucial role in the development and popularity of innovative smoke-free alternatives, such as nicotine pouches.

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France to Ban Nicotine Pouches Targeted at Teenagers

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French Health Minister Geneviève Darrieussecq has announced plans to ban nicotine pouches in the coming weeks, citing their popularity among teenagers and the high doses of nicotine they contain. Darrieussecq described the pouches as “dangerous products” that can induce nicotine addiction and serve as a gateway to smoking, especially when used by young people rather than former smokers.

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Denmark Plans Severe Restrictions on Nicotine Pouches

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Denmark has notified the European Commission of its intention to impose strict limitations on nicotine pouches, following a position paper presented at the Employment, Social Policy, Health and Consumer Affairs Council on June 21. Unlike the blanket bans put in place or proposed in the Benelux countries, Denmark’s rules will ban most flavors and any product with a nicotine content above 9 mg per pouch.

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