The Swedish government has strongly opposed Spain’s proposal to limit the nicotine content in nicotine pouches. According to this proposal, Spain would ban nicotine pouches with more than 0.99 mg per pouch. Which in effect would ban all current products. In a detailed statement to the European Commission, Sweden questions both the proportionality and priorities behind the Spanish initiative. They emphasize the importance of free movement within the EU’s internal market.
A Disproportionate Ban
According to the Swedish government, the proposed limit would amount to a total ban. This is seen as a serious restriction of the free movement of goods within the EU. That rule is a fundamental principle that Sweden believes must be upheld. The government argues that Spain has failed to demonstrate that its public health goals could not be achieved through less restrictive and less trade-disruptive measures. Thus, the proposed ban violates the EU principle of proportionality.
The legislative focus seems instead to focus on nicotine pouches, a smokeless product category generally regarded as significantly less harmful than traditional cigarettes.
Misplaced Public Health Priorities
Sweden also questions Spain’s prioritization in its public health efforts. Smoking remains the leading health risk in Spain, with thousands of deaths annually. The legislative focus seems instead to focus on nicotine pouches, a smokeless product category generally regarded as significantly less harmful than traditional cigarettes.
Statistics clearly illustrate the link between lower smoking rates and fewer deaths from lung cancer. In Sweden, where the use of snus and nicotine pouches is widespread, the share of daily male smokers is 5.9%. the EU average is 22.3%. This is also reflected in Sweden’s much lower lung cancer mortality rate. The Swedish government therefore sees nicotine pouches as a potential tool for reducing the harms associated with smoking. Not, as a new public health threat to ban.
The Need for Balance and Evidence-Based Policies
Sweden reminds member states that, under EU law, public health protection measures must be proportionate and based on sound evidence. While EU countries are permitted to take steps to protect public health, such measures must not unnecessarily restrict trade. Sweden argues that Spain has not sufficiently demonstrated that nicotine pouches pose such a threat that a de facto ban would be justified.
Sweden’s position is clear: measures targeting products that may help reduce the harms of smoking must be based on scientific evidence and must respect the principles of the EU internal market. With its formal statement, Sweden hopes to encourage the European Commission and other member states to ensure that public health measures remain proportionate, justified, and balanced.
