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The introduction of new packaging requirements for nicotine pouches in Italy in a decree allowing the sale of one pouch brand demonstrates authorities intended for the decree to legalise the sale of all brands, according to the pouch distributor.
Pouch sales had been suspended in the country following a ban order issued in March. The decree, published earlier in November, reverses the order but specifically names the Redmuule nicotine pouch brand – distributed in Italy by the company Smokie’s, based in Varese, in northwestern Italy.
A spokesperson for the company told TobaccoIntelligence that the additional requirements put in the decree, such as ensuring products are sold in child-resistant packaging and include ingredient information, nicotine concentration per pouch, instructions for use, and health warnings, demonstrate that the decree was intended to apply to pouches in general and not just Redmuule.
An ‘imprudent mistake’?
It is “not even imaginable that a single producer must comply with some requirements while competitors can operate freely,” the spokesperson said. “I would add that we should hope it was an imprudent mistake and not [buy into] the saying ‘it’s a sin to think badly, but often you get it right’.”
The company will now challenge the decree, even though it permits them to sell products in the country.
“We specified to the ministry that if it decides to introduce a new regulation for the packaging of the product, it must do so with the tools provided by our legal system and cannot do so by inserting it in an order issued against a single one,” the spokesperson said.
Ruling on ban appeal expected soon
The spokesperson added that the firm had also appealed the legitimacy of the March ban order that underwent a hearing on 14th November at the Lazio Administrative Tribunal (TAR). TAR accepted the request and said it would issue a ruling soon to disclose more details.
Smokie’s is confident the other appeal will also succeed.
“The revocation provision confirms that the Redmuule product was, and is, perfectly compliant with the legislation and regularly authorised by the Customs and Monopolies Agency [ADM],” the spokesperson said.
As a consequence of the decree, on 7th November the ADM updated the list of products authorised for commercialisation.
When contacted by TobaccoIntelligence, the Ministry of Health did not answer the request to disclose further details on the matter.
Never-ending story
The uncertainty around nicotine pouches in Italy seems a never-ending story. In August this year, Italy stepped back at the last minute from imposing a formal permanent ban on the online sale of nicotine pouches, which were to be a matter of regulation within the recent Tax Delegation Law approved by the Parliament in the same month.
The text that received approval from Italy’s Chamber of Deputies set out to prohibit not only the direct online sale of nicotine-containing e-liquids but also nicotine pouches, defined as products that consist of nicotine and are formulated to enable its absorption by the body, without involving combustion or inhalation.
The amendment was removed and replaced with another one that entirely prohibited the online sale of nicotine-containing e-liquids, while not mentioning nicotine pouches. However, the omission of a ban on the online sale of nicotine pouches doesn’t change their current status in the country.
– Antonia Di Lorenzo TobaccoIntelligence staff
Photo: Alex Vasey
