Bangkok: "Nicotine pouches" are legal and possess the necessary excise stamps, allowing them to be bought and sold legally; however, their sale must comply with tobacco product laws.
According to Thai News Agency, the Department of Disease Control (DDC) has taken legal action against online vendors and those selling nicotine pouches in tourist areas and shopping malls. The DDC previously requested the Office of Consumer Protection (OCP) to ban their sale due to health concerns. In response, the Excise Department clarified that nicotine pouches are legal under Excise Department law as they are taxed and vendors are licensed, similar to cigarettes. However, e-cigarettes remain illegal as they are untaxed and prohibited imports.
Distributors, including the Thailand Tobacco Monopoly (TTM) and foreign companies, adhere to the Tobacco Products Control Act B.E. 2560 (2017). This act prohibits sales through electronic media and imposes restrictions on the display of tobacco products. Selling nicotine pouches on social media can result in imprisonment or fines. Displaying tobacco products at retail outlets is also restricted, with fines for non-compliance. Stores in tourist areas and malls can sell these products if they have a tobacco sales license, but they must not be visible to the public.
The Tobacco Products Control Act also dictates how product names and prices should be displayed, with fines for violations. Nicotine pouches are regarded as tobacco products under the current excise tax law, requiring sellers to obtain a license from the Excise Department and bear the tobacco excise stamp.
The Department of Disease Control emphasized that nicotine pouches, or SNUS, must not be displayed or promoted at any point of sale. Any form of display or promotion that violates the law is prohibited. Businesses must ensure that products are not visible, similar to regulations for cigarettes and loose tobacco. Although taxes are legally paid, sales practices or promotional activities not in compliance with the Tobacco Product Control Act B.E. 2560 (2017) remain illegal and subject to legal action. The department urges businesses to strictly adhere to the law.