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Why Nicotine Pouches Are Drawing So Much Scrutiny

nicotine pouches

Why Nicotine Pouches Are Drawing So Much Scrutiny

The startling rise in popularity of nicotine pouches is reminiscent of the surge in popularity of vaping. And, like vaping, nicotine pouches have been popular among youth—who can use them more discreetly at schools and in other places where smoking and vaping are prohibited.

Keep reading to learn more about nicotine pouches, one of our top 10 high-risk trends for 2025. Then download our entire high-risk trends guide for a comprehensive overview of other problematic trends in online commerce.


 

The Top 10 High-risk Trends in Payment Processing and E-commerce

In this 24-page guide that has been fully updated, LegitScript shares new high-risk trends that companies engaged in online transactions should be aware of to avoid brand damage and expensive assessments levied by card networks.

Screenshot 2024-12-02 at 12.35.59 PM

What Are Nicotine Pouches?

Nicotine pouches are small packets whose dissolvable contents contain nicotine and flavoring. The pouches are often marketed as a smokeless alternative to smoking, which can be attractive to users who want to consume nicotine in places where smoking and vaping are prohibited, such as restaurants, offices, and schools.

While chewing tobacco is usually placed between the cheek and lower lip near the back of the mouth, nicotine pouches are typically placed between the upper lip and the gum, allowing nicotine to absorb into the body. The pouches often contain large amounts of nicotine that can be either synthetic or derived from tobacco.

How Widespread Is Nicotine Pouch Use?

Researchers at the Centers for Disease Control and Prevention have found a sharp increase in nicotine pouch sales in recent years. Overall sales increased from about 126 million units from August to December 2019 to more than 808 million units from January to March 2022.

Furthermore, pouches with higher concentrations of nicotine seem to be growing in popularity. While sales of pouches with 3 to 6 mg of nicotine were most common, researchers found the sharpest increase in 8 mg pouches.

Use among youth appears to be holding steady or growing. According to the CDC, even though youth vaping is down in 2024, the use of nicotine pouches among youth remains stable

Nicotine Pouches Are Drawing FDA Scrutiny

Because nicotine pouches come in a variety of flavors that can appeal to youth they have drawn intense regulatory scrutiny. In 2024, the Food and Drug Administration (FDA) issued warning letters to about 120 retailers that engaged in the underage sale of nicotine pouches between October 2023 and February 2024. This included online merchants, who the FDA cited for the sale of unauthorized ZYN nicotine pouches, a popular brand that sells flavors such as Espressino, Black Cherry, Lemon Spritz, and Cucumber Lime.

Youth tobacco use remains a high priority for the FDA. In the agency’s 2024 Annual National Youth Tobacco Survey, nearly 2% of students reported current use of nicotine pouches (about one-quarter of the 8.1% who reported any type of current tobacco use). Of those who use pouches, nearly 86% used flavored nicotine pouches, the most popular flavor being mint followed by fruit.

What to Watch Out For

  • Know how to spot pouches. Nicotine pouches are typically sold in round tins that look similar to containers for mints or gum.
  • Always read a product's ingredient label to see if it contains nicotine.
  • Be wary of flavors. Avoid nicotine products with flavors that may appeal to youth, as these pose the greatest risk of drawing regulatory scrutiny.
  • Check its authorization.

According to the Public Health Law Center, the FDA said it would only allow companies to sell their products if they submitted premarket tobacco product applications by August 2020. Because the FDA has not made a final decision on nicotine pouches, companies who submitted applications have only temporary permission to continue selling their products.

Stay Abreast of Trends With LegitScript

LegitScript policy experts track regulatory changes and enforcement actions to keep you up to date with rules that impact your work.

Our Merchant Risk Solutions help you stop problematic merchants from entering your portfolio while continually monitoring your ecosystem for behavior that can draw regulatory scrutiny or incur card network assessments. Our team of skilled analysts and policy experts track high-risk trends in the payments and e-commerce space to help ensure you stay compliant.

Want to learn about other high-risk trends for 2025 and beyond? Download our full guide now.

 

David Khalaf is a writing, communications, and marketing professional with specialties in media, investigations, content strategy, and writing instruction. His 20 years of writing, media, and communications work have included two top-tier universities (USC and UCLA), print and digital magazines, consulting firms, and technology companies.

His current work involves content strategy and development at LegitScript, a company that helps the world's leading search engines, payment service providers, and internet platforms and marketplaces do business with legitimate, legally operating entities in more than 80 countries and 15 languages around the world. LegitScript specializes in risk and compliance for highly regulated industries including CBD/cannabis, online gambling, cryptocurrencies, drugs, financial trading, online adult, scams and fraud, and more.

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