Dutch authorities sent us a warning letter

The Dutch authorities are trying to stop our sale

On 20 December, the Dutch authorities sent us a warning letter. The Dutch Food Safety Authority writes that we must immediately stop selling nicotine pouches to Dutch customers via our website and stop sending nicotine pouches to the Netherlands.

We will not do that.

The Dutch Food Safety Authority considers nicotine pouches to be a food product. The Authority refers to a report by the National Institute for Public Health and the Environment (RIVM), which states that nicotine pouches containing 0.035 mg of nicotine or more per pouch are harmful foodstuffs.

"Food that is harmful to health may not be placed on the market," the Dutch Food Safety Authority writes.

We do not consider nicotine pouches as food products. The Swedish Food Agency, based on an analysis of applicable EU law, shares our view on this matter.

Nicotine pouches are neither a tobacco product nor a food product; they are products of their own kind.

GetSnus is highly aware that there is an ongoing legislative process with the proposal to implement a ban on tobacco-free products in the Netherlands. Until such legislation has been adopted and comes into force, we welcome a discussion on the current regulatory framework. Still, we will not do as the Dutch Food Safety Authority wants at this stage and "immediately stop selling nicotine pouches".

GetSnus is part of Haypp Group, and our sales pages have likely converted more smokers to healthier alternatives than the Dutch government has in recent years.

Now, officials at a Dutch government agency are trying to stop our successful public health work in violation of the law through empty threats.

The government is now holding a public consultation on their proposal to ban the sale of nicotine pouches. Stand up for safer alternatives and have your say on why nicotine pouches should not be prohibited but regulated in Dutch law!

Our full response to the Dutch Food Safety Authority:

“RE. WARNING IN RELATION TO THE SALE OF NICOTINE POUCHES TO THE NETHERLANDS

We hereby confirm receipt of your e-mail on 20 December.

Haypp Group AB (“Haypp”) markets and sells nicotine pouches from Sweden to, inter alia, Dutch customers. Nicotine pouches are neither a tobacco product nor a food product, it is a sui generis product. In Sweden, nicotine pouches are regulated by the Act (2022:1257) on tobacco-free nicotine products. Moreover, the Swedish Food Safety Authority has consistently since 2019, based on an analysis of applicable EU law, held that nicotine pouches are not a food product. The reason for the authority’s assessment is that nicotine pouches are not within the scope of the definition of a food product in article 2 of Regulation 178/2002. This assessment applies whether or not the product contains nicotine.

The products sold are provided on the internal market in full compliance with the regulatory requirements in Swedish legislation, and are sold to various EU countries, inter alia, to customers in the Netherlands.

Haypp is aware of the current legislative process with the proposal to implement a ban on tobacco-free products in the Netherlands. Until such legislation has been adopted and has entered into force, we welcome a discussion on the current regulatory framework concerning nicotine pouches and the opportunity to provide ours and our customers’ perspective on this matter.

Further, we would highly appreciate if you could inform us of which Swedish authority, and whom at the relevant authority, you have informed of the warning as we would like to reach out to them.

We look forward to a continued dialogue with the Dutch Food Safety Authority on this matter.”