India's Nicotine Pouch Paradox: Online Sales Fuel Health Concerns

Nicotine pouches, small tobacco-free sachets delivering nicotine directly into the bloodstream, are becoming more accessible in Indian cities through online channels and delivery services. This trend follows a World Health Organization warning in May 2026 regarding their potential dangers. The key challenge lies in the ambiguous legal status of these products under Indian law.

Existing legislation, such as the Cigarettes and Other Tobacco Products Act (COTPA) of 2003 and the Drugs & Cosmetics Act, 1940, does not specifically define or regulate nicotine pouches. While nicotine patches and gums are regulated as drugs for addiction treatment, nicotine pouches are seen as substitutes for tobacco products, not therapeutic aids. Consequently, they fall outside the scope of acts regulating vapes and other tobacco products.

The import of nicotine pouches is categorized as 'restricted' under India's import policy. This classification, based on Harmonized System codes, means they are not outright banned but require specific import licenses from the Directorate General of Foreign Trade (DGFT). The issuance of these licenses depends on consultations with health ministries and could be denied if the product is classified as an unapproved drug, or easily granted if deemed food.

Duty-free shops at Indian airports also stock these pouches, operating under specific customs licenses. However, these licenses do not exempt them from other Indian laws, including those related to product sales and passenger baggage rules. The government could swiftly ban their import and sale by issuing notifications under the Customs Act and Foreign Trade Act, a move crucial to prevent wider circulation and potential health impacts.