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8 September 2026

Nicotine pouches regulation

The topic highlights a significant regulatory gap in Indian law regarding emerging nicotine products, involving multiple statutes like COTPA and the Drugs and Cosmetics Act, which is a classic governance and policy issue for UPSC.

2 min read 2 questions 2 prelims

Notes

  • Nicotine pouches are tobacco-free, tea-bag-like products containing nicotine, flavourings, and plant-based fibres, placed between the lip and gum.
  • ICMR-National Institute of Cancer Prevention and Research study indicates these products are entering Indian markets via online platforms, hookah shops, and gig delivery services.
  • The Cigarettes and Other Tobacco Products Act (COTPA), 2003, does not explicitly cover nicotine pouches as they are not listed as tobacco products.
  • The Drugs and Cosmetics Act, 1940, regulates nicotine products used for therapeutic purposes (e.g., gums/patches), but pouches often lack therapeutic claims, creating a regulatory ambiguity.
  • The Prohibition of Electronic Cigarettes Act (PECA), 2019, does not apply to pouches as they contain no electronic devices and produce no smoke or vapour.
  • Under the Food Safety and Standards Act, nicotine pouches could potentially be classified as 'food' due to the broad definition of substances intended for human consumption.
  • The World Customs Organization (WCO) classifies oral nicotine products under HS codes 2404 91 30 (tobacco-free pouches) and 2404 91 90 (other oral nicotine products).
  • In India, goods under HS code 2404 91 30 are 'restricted', requiring specific licences for import, unlike 'free' or 'prohibited' items.
  • The Calcutta High Court (Flemingo Duty Free Shop Pvt. Ltd. v. Shri Kaushik Bhattacharya, 2024) ruled that duty-free shops are deemed outside India for certain Customs Act purposes, but this does not grant them immunity from all Indian laws.

Questions

  1. Discuss the regulatory challenges posed by the emergence of novel nicotine delivery systems in India. How do existing legislative frameworks like COTPA and the Drugs and Cosmetics Act struggle to address these products? 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Examine the legal and administrative complexities involved in regulating imported consumer goods that fall outside traditional definitions of 'tobacco' or 'drugs'. With reference to the Foreign Trade Act and Customs Act, explain how the government can exercise control over such products to protect public health. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Under which of the following categories are tobacco-free oral nicotine pouches currently classified in the Harmonized System (HS) for import purposes?

  2. Which legislation is primarily responsible for the prohibition of electronic cigarettes in India?

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-09-08/nicotine-pouches-regulation