Retailers Beware: How to Spot Non-Compliant Nicotine Pouches on Your Shelves

The UK nicotine pouch market is expanding rapidly, projected to reach £375.3 million by 2027. However, with this growth comes increased scrutiny, and many products fail to meet essential safety and labelling standards. Reports indicate that a significant proportion of nicotine pouches available on the market do not comply with product safety regulations, creating risks for both consumers and retailers.

For retailers, stocking non-compliant products can lead to serious consequences, including legal penalties, product recalls, and reputational damage. This guide outlines the key compliance risks and provides practical steps to ensure that the nicotine pouches on your shelves meet regulatory standards.

Why Compliance Matters for Retailers

Retailers are responsible for ensuring that the products they sell meet safety and labelling standards. In the UK, the General Product Safety Regulations (GPSR 2005) and the Classification, Labelling, and Packaging (CLP) Regulation (EC No. 1272/2008) require products to have clear labelling, appropriate safety warnings, and accurate ingredient disclosures.

Failure to comply can result in:

• Product recalls
• Fines and regulatory penalties
• Loss of consumer trust
• Potential legal action

With the increasing regulatory focus, retailers must take a proactive approach to compliance.

How to Identify Non-Compliant Nicotine Pouches

For a retailer to protect their business, it is essential to review all nicotine pouches against key compliance criteria.

1. Missing or Incorrect Labelling

A compliant nicotine pouch should always include:

• A legally required nicotine addiction warning: "This product contains nicotine, which is a highly addictive substance."
• Labelling in English. Non-English packaging is not compliant.
• Tamper-evident packaging to prevent contamination.
• Manufacturer contact details, batch numbers, and expiry dates.

Retailers should check labelling carefully, as incomplete or misleading packaging is a major cause of non-compliance.

2. Incorrect or Misleading Nicotine Strength Claims

One of the most common compliance issues is inaccurate nicotine strength claims. Some nicotine pouches may contain significantly higher nicotine levels than stated, which can pose potential risks to consumers.

Retailers should request independent test reports from manufacturers to verify nicotine content and avoid stocking products that fail to meet safety expectations.

3. Unsafe pH and Water Activity Levels

pH and water activity levels affect product stability, nicotine delivery, and microbial safety. Non-compliant pouches may have:

• High pH levels, which can increase nicotine absorption and create inconsistencies in product performance.
• Excessively high water activity levels, which can allow microbial growth, raising safety concerns.

Ensuring that products maintain controlled pH and moisture levels is critical to product integrity and long-term safety.

4. Hazardous Ingredients and Contaminants

Some nicotine pouches may contain potentially harmful substances in some nicotine pouch products, including:

• TSNAs (Tobacco-Specific Nitrosamines), which are linked to health risks.
• Heavy metals such as lead, cadmium, and nickel, which can pose significant safety concerns.

Retailers should always request compliance documentation and analytical test reports from manufacturers to ensure that products meet safety standards.

The Role of Retailers in Ensuring Compliance

Retailers have a responsibility to protect consumers and safeguard their business. Here is how you can ensure compliance:

• Request full compliance documentation from manufacturers, including certificates of analysis and regulatory declarations.
• Regularly audit your nicotine pouch inventory and remove any products that do not meet safety standards.
• Train your staff to recognise compliance risks and assess product labels effectively.
• Partner with trusted compliance experts like Broughton to verify that the nicotine pouches you stock meet regulatory requirements.

How Broughton Can Help

Broughton is the expert in analytical testing, regulatory guidance, and compliance support for nicotine pouches.

We help retailers ensure that the products they stock meet the required regulatory and industry safety standards, reducing the risk of non-compliance.

If you are unsure whether the nicotine pouches you sell meet compliance requirements, contact us for a compliance assessment.

Protect your business. Safeguard your customers. Ensure compliance.