Thus, these nicotine bags do not fall under the Tobacco Products Act, which leads to a legal grey area. The Hamburg District Court has stopped the sale of nicotine bags until it is clarified how the bags are to be legally classified. Currently, from 13.07.2022, stationary offline trade is restricted when it comes to nicotine bags. The reason for this is that some German and federal state courts mistakenly classify nicotine servings as food. Since food contains virtually no nicotine under the current law, this misinterpretation leads to local sales bans. As a result, a trade ban on these products was launched. But why were these items declared as food? The nicotine sachets come from Sweden, the birthplace of snus and oral nicotine products. There, the products are classified as food and sold. Unfortunately, the classification was adopted blindly, regardless of the labelling. As a result, German customers increasingly have to import and order their products via e-commerce. The customer is the importer and is therefore responsible for ensuring that the product can be legally imported into the destination country.

Accordingly, the customer must comply with all laws and decrees of the country. The sale of snus in Germany is not allowed; The sale of bags of nicotine is still allowed, at least in some federal states, until there is uniform regulation. The consumption of snus and nicotine bags, on the other hand, is allowed. Thus, you can buy the products abroad and then consume them at home. The answer is short and sweet: yes and no. Chewing tobacco and nicotine bags can be sold, imported and ordered online in Germany. Snus, on the other hand, does not. If the real Swedish snus is purchased in Germany, this is both a violation of the law by the trader, because the sale of snus is prohibited in Germany.

The situation is different for nicotine sachets and chewing tobacco: in federal states where the sale of nicotine and chewing tobacco bags is allowed, consumers can buy them legally, both online and offline. In this context, it is incomprehensible that snus is not legally available in Germany. For some time now, there have finally been alternative products in Germany with nicotine sachets which, unlike snus, no longer even contain tobacco. As a result, nicotine sachets also remove harmful substances from tobacco. But nicotine sachets are becoming increasingly scarce in Germany because authorities are increasingly allowing them to be taken off retailers` shelves for supposedly legal reasons. This is incomprehensible. Why should an alternative product that, according to the current state of science, significantly reduce the health risk no longer be offered to consumers? The legal situation around snus in Germany, as well as tobacco-free nicotine packets, is confusing and has occupied the courts for several years. An overview of what is allowed in this country and what is not. When the EU came into being, however, this was done, among other things, with the idea of free trade between all Member States. But the fact that only the snus trade is illegal creates confusion among consumers and manufacturers as well as sellers in many parts of the world. More and more often, we get the question: where can I buy chewing tobacco and nicotine packets? Can I order them online? Are snus and nicotine sachets even legal in Germany? Once again, the authorities have taken a more than dubious and scandalous decision. And finally, the possibility of making an alternative to risky smoking legally accessible to you, the consumer.

This is because the product has a very long tradition in this country. As a result, the Scandinavian country. There, consumption is widespread. Produce snus and sell it to their citizens. However, the sale to other EU countries was illegal. Other tobacco products could be bought and sold by any EU country. Since the end of June 2020, the sale of chewing bags has been banned in Germany. With the help of e-commerce, however, it is possible to buy chew bags from us from November 2021. Our products are not sold in Germany and come from abroad, which makes the sale completely legal. But it gets even more complicated: in addition to the real Swedish snus, which contains tobacco, for some time there have been nicotine bags or nicotine bags, which do not contain tobacco, but vegetable fibers mixed with nicotine. The question now is how to classify these bags because they do not contain tobacco. There is still no legally clear answer to this question either.

Although the sale of snus is generally prohibited, bags of nicotine can still be sold legally in some federal states. However, many retailers are reluctant to sell them for fear that the products will soon be banned or because they are not sure they will break the law. Many manufacturers have often tried to pursue these regulations, but without success. They are of the opinion that snus is very similar to chewing tobacco, which is legal in Germany in terms of sale, purchase and consumption. The consequences of such a de facto ban policy are devastating: German consumers are deprived of the opportunity to legally purchase these best alternative products. As a result, consumers are forced to buy nicotine sachets in countries neighbouring the EU where the products are legal. And many smokers will remain smokers, with all the dangers that come with smoking. Some manufacturers of nicotine sachets have already tried to classify them as food – just like in Sweden, where real snus is also part of food. However, the manufacturers failed, as the courts banned classification as a food.

According to German food law, no toxic substances can be contained in food – and nicotine is such a substance. The only option would be to create a special treatment for nicotine bags under the Tobacco Products Act. In Sweden, many people have been using a similar product for decades: «snus» – brown tobacco bags that are also placed under the lip. In the EU, snus is unfortunately only legally available in Sweden. In principle, however, snus can be legally purchased in Germany from a minimum age of 18, but is still not officially bought or sold. What does the sale look like depending on the legal situation in Austria? Is it even legal? According to the tobacco monopoly, no problem, but the sachets contain chemical substances that are regulated by the chemical law.