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Nicotine Pouches’ Spread via Online Platforms in Indian Cities
A study led by the ICMR-National Institute of Cancer Prevention and Research provides findings that nicotine pouches reach Indian cities via online platforms, hookah shops, and gig delivery services. The World Health Organization has issued a warning in May 2026 about the health dangers of nicotine pouches, while the applicable Indian law governing them remains unclear.
Product Features, Legal Coverage, and Import Classification:
| Dimension | Key Details |
|---|---|
| Product form and contents | A nicotine pouch comprises a small, tobacco-free, tea-bag-like sack containing nicotine, flavourings, and plant-based fibres. |
| Mode of use and exposure | Users place a nicotine pouch between the lip and gum for up to 1 hour, and nicotine is absorbed directly into the bloodstream. |
| Emissions | Nicotine pouches comprise no smoke, no vapour, and no spitting. |
| COTPA, 2003 | The Cigarettes and Other Tobacco Products Act, 2003 regulates the marketing, advertising, and sale of cigarettes and other tobacco products, and applies to tobacco products limited to items listed in the Act; nicotine pouches are not among the listed products. |
| Drugs and Cosmetics Act, 1940 | The status of nicotine pouches under the Drugs and Cosmetics Act, 1940 remains unclear, with arguments on both sides. |
| Drug Controller General of India (DCGI) approvals | Nicotine patches and gums have been approved as drugs by the Drug Controller General of India for treating nicotine addiction. |
| Drugs and Cosmetics Rules, 1945 (Schedule K) | Schedule K of the Drugs and Cosmetics Rules, 1945 exempts gums and lozenges containing less than 2 mg of nicotine from licensing and prescription requirements. |
| PECA, 2019 | The Prohibition of Electronic Cigarettes Act, 2019 bans the import and sale of vapes, and does not apply to nicotine pouches because they contain no electronic device and produce neither smoke nor vapour. |
| Food law definitions | The Prevention of Food Adulteration Act and the Food Safety and Standards Act define food broadly as any processed, partially processed, or unprocessed substance meant for human consumption. |
| Court rulings cited | Court rulings on supari and chewing tobacco provide for the position that the definition of food covers items that are chewed rather than swallowed. |
| Import restrictions | Import restrictions in India are governed by two laws: the Foreign Trade (Development and Regulation) Act, 1992, and the Customs Act, 1962. |
| Foreign Trade (Development and Regulation) Act, 1992 | The Foreign Trade (Development and Regulation) Act, 1992 authorises the Central government to prohibit, restrict, or regulate imports. |
| DGFT and ITC-HS | The Directorate General of Foreign Trade administers the Foreign Trade (Development and Regulation) Act, 1992 and publishes the ITC-HS classification listing which goods are free, restricted, or banned. |
| Customs Act, 1962 (Section 11) | Section 11 of the Customs Act, 1962 authorises the government to prohibit goods by notification, including on grounds of protecting human, animal, or plant life. |
| Harmonized System update and oral nicotine categories | After the World Customs Organization updated the Harmonized System, new sub-categories are created for oral nicotine products that do not involve combustion. |
| ITC-HS code: tobacco-free single-use pouches | Code 2404 91 30 comprises tobacco-free single-use pouches (Zyn or Lyft type). |
| ITC-HS code: other non-therapeutic oral nicotine products | Code 2404 91 90 comprises other non-therapeutic oral nicotine products. |
| DGFT schedule and CBIC rules (status of 2404 91 30) | Under the DGFT schedule and the rules of the Central Board of Indirect Taxes and Customs, goods under 2404 91 30 are “restricted”. |
| Meaning of “restricted” | “Restricted” status provides for three conditions: such goods cannot be cleared merely on payment of duty; they are not banned outright unlike “prohibited” e-cigarettes; they require a specific licence or permission for which the DGFT consults the health and other ministries. |
| Duty-free stores | Duty-free stores at Indian airports are licensed under Section 58 of the Customs Act. |
| Calcutta High Court ruling (2024) | In Flemingo Duty Free Shop Pvt. Ltd. v. Shri Kaushik Bhattacharya (2024), the Calcutta High Court provides for the holding that a duty-free store does not “import” goods into India, as it is deemed to be located outside India for customs purposes. |
| Permitted goods at duty-free shops | Only specified goods are permitted at duty-free shops: cigarettes, alcohol, jewellery, watches, food, and small electronics. |
| Duty-free shops and nicotine pouches | Nicotine pouches are currently sold at a few duty-free stores at Indian airports, and are not on the permitted list unless they are classified as food. |