Parliament debates nicotine pouch rules as doctors warn of youth marketing
A government proposal to create the first legal framework for nicotine pouches went before the Assembly of the Republic on Wednesday, splitting medical opinion on whether regulation goes too far or not nearly far enough. The bill, authored by the Government and presented on 1 June, seeks authorisation to set rules on manufacture, sale, advertising and taxation of a product that has operated in a legal grey area until now.
The case against the current rules
Daniel Coutinho, a pulmonologist with the Portuguese Society of Pneumology's smoking cessation working group, argues that the ideal outcome would have been a complete ban. He told the Lusa news agency that the Government's approach reflects a choice not to prohibit because there is always the possibility of more tax revenue at stake.
The regime approved by the Government in May sets a maximum nicotine concentration of 12 milligrams per pouch. Coutinho calls this allowance "unnecessary and scandalous." By comparison, pharmaceutical nicotine replacement products — gums, lozenges and patches used in medically supervised cessation programmes — carry doses studied for safety: up to 4mg per lozenge and 21mg delivered over 24 hours via transdermal patches. A typical cigarette delivers between 2.4 and 2.8mg of nicotine.
Coutinho also points to marketing that has surfaced at summer music festivals and in stationery shops near schools as evidence of who the industry is really targeting. "I speak with many smokers and, until recently, none of them knew these pouches existed," he said. The sponsorship of youth-oriented festivals and the availability of attractive packaging near schools, in what he calls an unregulated market, makes the intended target clear.
A regulated market, not a ban
The proposal takes a different route from prohibition. It builds on the 2026 State Budget, which created a specific tax category for nicotine pouches — setting a levy of €0.065 per gram — and subjects them to the Special Consumption Tax code.
The regulatory framework includes:
• Ban on sales to under-18s
• Prohibition of all advertising, including on social media and through influencer marketing
• Restrictions on flavours and attractive packaging
• Ban on online sales
• Maximum nicotine limit of 12mg per pouch and 20 pouches per pack
• Sales restricted to authorised tobacco retailers, in reserved areas with staff intervention — not vending machines, schools, hospitals, sports facilities or public transport
Before this regime, some pouches on the market contained up to 36mg or even 50mg of nicotine per pouch, according to research on the sector.
The argument for a less harmful alternative
Some health professionals, including former Secretary of State for Health António Lacerda Sales, argue that pouches offer a lower-risk alternative to traditional cigarettes. In contributions submitted during the public consultation, they warned that making the product unappealing or unavailable to adult smokers could reduce the ability to migrate from combustible cigarettes to alternatives.
They argue that before adopting measures with potentially prohibitive effects, legislators should assess the consequences for public health, adult consumers, competition, small businesses, tax revenue and the illicit trade. They note that the State has already moved to tax these products, and that reversing course to prohibit them after establishing a fiscal category would mean the State assumed two contradictory positions — taxing a product it intended to ban.
This camp advocates for regulation rooted in three principles: a ban on sales to minors, a ban on marketing practices that appeal to minors, and clear consumer information on labelling, health warnings and nicotine content limits — the path followed within the European Union.
Sabor and the question of appeal
One point of contention is flavours. The Government's regime restricts menthol and mint options rather than banning all flavours outright. Coutinho argues that without flavours or with neutral taste, pouches would hold little appeal. He likens the survival of these flavour options to "excellent work done by players interested in placing this type of product on the market."
The Portuguese Society of Pneumology has previously expressed "profound concern and total rejection" of open promotion at events like Primavera Sound Porto, calling it a "lamentable step backwards for public health" and a sign that the industry aims to normalise consumption before the law takes full effect.
What changes for residents
For consumers, the new rules mean pouches will only be sold face-to-face by staff, not online or via vending machine. Packaging will no longer carry branding designed to appeal to minors — flavours and colourful designs face restriction. Shoppers must be over 18. For those trying to quit smoking, the medical establishment remains divided on whether these pouches help or hinder cessation, but pharmacological nicotine products available in pharmacies remain the medically approved route, with dosages studied for safety.
The parliamentary debate continues.
