BANNED, RESTRICTED, OR JUST IGNORED? THE NICOTINE POUCH CONFUSION IN INDIA

With the introduction of new nicotine products in the world, there is an increase in concerns regarding regulation. The blog examines the statutory confusion for fast-growing nicotine pouches in India. It studies the Cigarettes and Other Tobacco Products Act, 2003, the Prohibition of Electronic Cigarettes Act, 2019, and the Drugs and Cosmetics Act, 1940, each falling short of covering the product. Furthermore, the import of nicotine pouches is not governed by the Foreign Trade Act, 1992, and the Customs Act, 1962, increasing the health concerns. It discusses the spread through gig workers, online delivery platforms, and advertisements through social media, creating youth exposure concerns. It concludes by suggesting a clear statutory framework, nicotine literacy, systemic data collection, health warnings, and age requirements.