Notice:Last day for orders is April 23rd at 23:59. We'll keep answering questions and processing orders until they're done.
Sales will be paused until further notice due to the Dutch Food Safety Authority's view of nicotine pouches as foodstuffs. Sales will end on April 23rd, 2023. Although challenging the view is an option, GetSnus won't pursue it due to the risks involved. The company thanks its customers and encourages them to visit Pouch Patrol, a campaign site for nicotine pouches in Europe. The announcement ends by thanking customers for their help in raising their voice to the authorities and politicians. We will of course let you know if something in the regulatory landscape will change.
As previously reported, the Dutch authorities sent us a warning letter on the 20th of December. The Dutch Food Safety Authority wants us to stop selling nicotine pouches to Dutch customers immediately. In a reply two days later, we gave our view on the request from the Dutch authorities (which can be read here).
GetSnus is aware of the current legislative process with the proposal to implement a ban on tobacco-free products in the Netherlands.
However, no such legislation has been adopted or entered into force. We, therefore, fail to see the legal basis for the claim that the sale and shipping of nicotine pouches would be prohibited.
We elaborate on our stance in a second reply to the Dutch Food Safety Authority since they sent us a second warning letter on the 30th of January (can be read in full below).
“Our view on this matter is that the Dutch Food Safety Authority has failed to provide us with a legal basis for its opinion that selling and shipping nicotine pouches from Sweden to Dutch customers is prohibited. Without such a legal basis, we will continue providing Dutch customers nicotine pouches that can potentially convert smokers to a healthier lifestyle” Markus Lindblad, Head of Communications at GetSnus, says.
“On December 20, 2022, you received the warning below. I received your reply on December 22, 2022. The Netherlands has submitted a RASFF notification to the Swedish Food Agency.
I would like to point out that selling and shipping of nicotine pouches in the Netherlands is not permitted. Today I found that selling and shipping to Dutch customers is still possible.
You must immediately stop offering nicotine pouches for sale to Dutch customers via your website and the dispatch of nicotine pouches to the Netherlands.
On Friday 3 February I will review the website https://getsnus.nl/ again. If it turns out that selling and shipping to Dutch customers is still possible, I will draw up a report of findings.
With kind regards,
Food Safety Authority”
”We confirm receipt of your email on 30 January 2023.
As stated in our letter of 21 December 2022, nicotine pouches constitute neither a tobacco nor a food product, it is a sui generis product. The products that Haypp markets and sells from Sweden to, inter alia, Dutch customers fully comply with the Swedish rules and regulations. In Sweden, nicotine pouches are regulated by the Act (2022:1257) on tobacco-free nicotine products.
As mentioned in our previous response, Haypp is aware of the current legislative process with the proposal to implement a ban on tobacco-free products in the Netherlands. However, to date no such legislation has, to the best of Haypp’s knowledge, been adopted or entered into force. Haypp therefore fails to see the legal basis for the claim that the sale and shipping of nicotine pouches would be prohibited.
Further, considering that Haypp complies with the applicable rules and regulations in Sweden, Haypp is allowed to market and sell the products in other EU Member States as a result of the basic principle of mutual recognition, as first held by the European Court of Justice in Cassis de Dijon.
The Swedish Food Agency will be able to confirm that according to Swedish law, there is no prohibition on the sale and marketing of tobacco-free nicotine products.
Based on the above, Haypp invites the authority to reconsider its statement.
It should also be stressed that Haypp is committed to comply with all legislation applicable to our activities, but the authority has not provided any further legal basis for its opinion. We therefore ask that you, if you maintain your position that (i) nicotine pouches are equal to foodstuffs, and (ii) that it is not permitted to sell nicotine pouches to Dutch customers, provide us with further information on the legal basis and applicable provisions of Dutch legislation to support your position for a prohibition, after which we may reconsider our position. We kindly ask that you include the legal basis for the restriction of free movement. In the absence of such legal basis, we maintain that to the best of our knowledge the sale and shipping of nicotine pouches is not prohibited.”
Speak Out - Don't Ban Oral Nicotine Pouches in the Netherlands
Dutch authorities sent us a warning letter
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Verzoek Nederlandse autoriteiten
By: Gerald On 06-02-2023Getsnus.nl is een Nederlandse domeinnaam. U heeft zich aan de Nederlandse wet te houden en wanneer de Nederlandse autoriteiten nicotinezakjes in Nederland verbieden, mag u ze via dit domein ook niet verkopen, ook al bent u een Zweeds bedrijf. U riskeert dus niet alleen een take down verzoek maar ook een flinke boete, wanneer u niet stopt met het versturen naar Nederland.
Replied by: Get Snus On 10-02-2023