India Orders Nationwide Crackdown on Nicotine Pouches
The Union Health Ministry has instructed all Indian states and Union Territories to identify, seize, and prosecute the sale of unapproved oral nicotine pouches. Issued in mid-September 2026, the national directive aims to curb the rapid spread of addictive nicotine products to minors through physical retail outlets, social platforms, and quick-commerce delivery apps.
Legal Statutes Governing the National Crackdown
State authorities have been directed to invoke multiple existing statutes to halt distribution:
- Drugs and Cosmetics Act, 1940: Sections 18(c) and 27 penalize the unapproved manufacture and sale of medicinal or therapeutic products.
- Food Safety and Standards Regulations, 2011: Regulation 2.3.4 prohibits tobacco and nicotine as ingredients in any food items.
- Juvenile Justice Act, 2015: Section 77 penalizes giving or selling intoxicating substances to children.
- State Poison and Insecticide Acts: Specific regions, including Punjab and Haryana, are applying local poison rules and the Insecticides Act of 1968.
ICMR Study Details Market Presence and High Nicotine Levels
The enforcement drive follows research by the Indian Council of Medical Research (ICMR-NICPR), which mapped pouch availability across ten major cities. The study located these products in seven cities, with physical availability highest in Hyderabad (40%), North Goa (25%), and Bengaluru (10%).
Researchers identified 445 unique flavours, with foreign brands representing 63% of the mapped inventory. Nicotine strengths reached as high as 120 mg per pouch. The Drugs Technical Advisory Board confirmed that these products carry severe addiction risks and lack medical proof as smoking cessation aids.
Bombay High Court Rejects Duty-Free Exemptions
Judicial rulings have reinforced the government stance. The Bombay High Court declined to lift sales bans on popular brands, including Philip Morris subsidiary Zyn and Swedish Smokeless Solutions product White Fox, at Mumbai airport duty-free outlets.
The court affirmed that imported goods stored in customs-bonded zones remain subject to domestic drug safety laws. Because the Central Drugs Standard Control Organisation has not licensed these items as nicotine replacement therapies, all oral nicotine pouches currently sold in India remain unlicensed and subject to immediate confiscation.
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