ZAPP Legality in Australia

At ZAPP, we often receive inquiries from our customers about the legality of nicotine pouches in Australia, especially in light of recent regulatory actions on disposable vapes. This article aims to demystify the legal landscape surrounding nicotine pouches in Australia, offering our customers essential insights.

 

THE EVOLUTION OF NICOTINE CONSUMPTION

Nicotine pouches' journey began with Snus, a product originating in 18th-century Sweden, where tobacco was packed into small sachets and placed under the upper lip for nicotine absorption without combustion. This marked a significant shift from traditional smoking. It's crucial to note the difference between Snus, a tobacco-based product banned in Australia, and nicotine pouches, which are tobacco-free and thus not subject to the same restrictions, although they are often colloquially referred to as "Snus."

Introduced in 2008 by Niconovum, nicotine pouches have evolved into a popular alternative for those seeking nicotine without the harmful effects of smoking. Brands like ZYN and VELO have led this trend, which initially took hold in Scandinavia but has since gained global popularity, partly due to concerns over traditional cigarettes and vaping.

 

LEGAL CLARIFICATIONS WITHIN THE CURRENT LANDSCAPE

In many Western countries, nicotine pouches are readily available, and Australia is gradually embracing this trend. Despite this growing popularity, the legal status of nicotine pouches in Australia has been unclear to many.

 

Contrary to some misconceptions, nicotine pouches are not banned in Australia.
Firstly, In Australia, nicotine is deemed a therapeutic good and is therefore regulated by the Therapeutic Goods Administration (TGA). Nicotine specifically falls under schedule 7 of the TGA’s poison standard.

Source:https://www.legislation.gov.au/F2024L00095/latest/text

In their words, Nicotine products are considered poisonous and a prescription medicine in Australia, unless:

  • "Prescribed by a doctor.

  • (a) in preparations for oromucosal or transdermal administration for human therapeutic use as an aid in withdrawal from tobacco smoking; or

     (b) in tobacco prepared and packed for smoking."

 

Secondly, In our efforts to import nicotine pouches from manufacturers, it was crucial for us to ensure their smooth entry into Australia without risk of damage or return. For this purpose, we've meticulously coordinated with the Australian Border Force (ABF) to comply with all necessary import regulations.

These nicotine pouches are classified under the specific tariff code HS 2404.91.90. According to the ABF, they are categorized as nicotine products designed for oral consumption. In practical terms, this classification means that as importers, we are obliged to pay a 5% tariff + 10% Goods and Services Tax (GST) on these products upon their arrival in Australia. This process has been repeated several times from our company without any complications.

It's important to note that nicotine pouches are relatively new, both globally and in Australia. This situation may evolve as the popularity of nicotine pouches grows, given their potential as a less harmful alternative to traditional nicotine products. However, for the time being, they remain unregulated and a viable smoking/vaping alternative for consumers.

At ZAPP we only promote the use of our product as an aid from withdrawing from tobacco smoking. Our product should not and is not intended to be used in a recreational setting. Our product is only to be used to alleviate/aid tobacco withdrawal symptoms.

 

IN CONCLUSION

Taking all of the above into account, it is clear that nicotine pouches are not illegal or banned for sale and use in Australia.

  • Nicotine pouches are nicotine products that are used oromucosally to alleviate/aid tobacco withdrawal symptoms are exempt from the schedule 4 classification according to the ' Therapeutic Goods (Poisons Standard—February 2024) Instrument 2024'

Source: https://www.legislation.gov.au/F2024L00095/latest/text

  • Nicotine pouches are legally imported into the country where tariffs and GST are paid on entry.

 

We must stress, ZAPP nicotine pouches can only be used to as a way to aid tobacco smoking withdrawals.