Finnish professor questions nicotine pouch flavor law’s fairness and EU compliance

According to Juha Raitio, a professor of European Law at the University of Helsinki, the Finnish government should have limited itself to a mere example list when proposing a law regarding the allowable flavors of nicotine pouches for adults. Currently, these pouches can have flavors like menthol, mint, wood, tea, rosemary, or ginger, mirroring the selection produced by the Strengbergs Habit Factory located in Pietarsaari.

Raitio highlights a critical issue: the list is exhaustive and disadvantages companies producing other nicotine pouch flavors. “Why is rosemary allowed as an adult flavor while thyme is not?” he questions. He argues that the matter should also be evaluated from a public health perspective and challenges the necessity of flavors in nicotine products. The aim of including “adult flavors” is purportedly to discourage youth from using nicotine pouches.

Another problem pertains to the EU regulations. If the competition involves Finnish and Swedish companies, a cross-border dimension arises, thereby invoking EU regulations related to the free movement of goods. “If the law restricts the flavors of nicotine pouches in a way that favors either a Finnish or Swedish company in a cross-border context, then this violates EU Article 34,” Raitio states.

Helsingin Sanomat reported that the flavors from the Habit Factory were added to the government’s tobacco legislation proposal at the initiative of the Swedish People’s Party (RKP). Former education minister and RKP leader Anna-Maja Henriksson, originally from Pietarsaari, had her advisor Anna Abrahamsson involved in the negotiations.

Raitio emphasizes that the issue is not who introduced the flavors but the content of the legal text itself. Legislation must be fair and cannot be crafted to benefit a single company. He expresses relief that such legislative practices are not common. There has been no appeal to the chancellor of justice regarding the government’s framework decision.