The Swedish Government has issued what’s known as a detailed opinion, which is an objection to the proposed regulations.
This means that the Spanish government must delay the introduction of the law for 3 months and respond to the Swedish objection.
The Spanish proposal aims to tighten controls on tobacco and related products, including nicotine pouches.
The key proposed measures include banning all flavours except tobacco and prohibiting additives such as caffeine or CBD in nicotine pouches.
However, it is the proposed nicotine limit of 0.99mg on pouches that has provoked a strong reaction from the Swedes.
This limit is far lower than the typical range of 1.5 to 20mg found in most products. This cap would eliminate almost all existing products from the market and is, therefore, essentially a ban on pouches.
Sweden has argued that the measure is disproportionate and lacks any basis in science.
Importantly, the Swedish government sees the Spanish proposal as a violation of the principle of free movement of goods within the EU.
Sweden’s Minister for International Development Cooperation and Foreign Trade, Benjamin Dousa, has made it clear that the government sees the Spanish regulation as a barrier to trade and a threat to progress on harm reduction.
"Nicotine pouches are not a health product, but in Sweden, we have fewer smokers and lower lung cancer mortality than the EU average. To the extent that nicotine pouches replace cigarettes, it is positive from a public health perspective,"
The position taken by the Swedish government is strongly supported by Haypp.
For us, this is not just about market access – it’s about ensuring that adults across Europe can choose safer alternatives to cigarettes.
“We see this as an important and necessary stand from the Swedish government,” says Markus Lindblad, Head of External Affairs at Haypp.
"Nicotine pouches have played a clear role in reducing smoking rates in Sweden. It’s essential that this harm reduction model is protected – not undermined by misguided national bans. Sweden’s success in reducing smoking through alternative nicotine products is something the rest of Europe should learn from – not legislate against."
Spain must now respond to Sweden’s objection. If they proceed without addressing the legal concerns, the matter could escalate further at EU level.