Published: 18 September 2024
Medicines
Overview of tobacco-based and synthetic-based oral nicotine products
There are many different oral nicotine products. How they are dealt with under the law depends on whether the nicotine component is tobacco-based or synthetic-based, and the intended purpose of use.
- It is illegal to import oral nicotine products into New Zealand for distribution or retail sale, unless they have been approved as a medicine or a psychoactive substance.
- Tobacco-based oral nicotine products may be imported for personal use by the person who will use the product
- Synthetic oral nicotine products may not be imported for personal use, unless the product is intended for use [by the manufacturer / supplier] as a medicine and the person who imports the product intends to use the product themselves for a therapeutic purpose.
It is your responsibility to ensure that the product is legal. If in doubt about the content of the product, including whether the nicotine content is derived from tobacco or is synthetic, the safest option is to not import, buy or use the product.
Importation and supply of oral synthetic nicotine products for recreational purposes, without the appropriate approvals and licensing is an offence, punishable by a fine of up to $500,000 or a period of imprisonment. Similarly the sale, supply, distribution or advertising of any tobacco-based oral nicotine products, without approval as a medicine, is a breach of the Medicines Act 1981, and is punishable by up to 6 months imprisonment, or a fine of up to $20,000 for an individual and up to $100,000 for a body corporate.
Oral nicotine products – tobacco
What is an oral tobacco nicotine product?
A product that:
- contains tobacco, or nicotine derived from tobacco, and
- the primary means of absorption is through the oral mucosa (mouth lining).
- Snus (typically a form of smokeless tobacco which is usually placed under the upper lip),
- Chewing tobacco (a form of smokeless tobacco that is placed in the mouth and typcially chewed),
- Dissolvable forms of smokeless tobacco (eg. lozenges), and
- Snuff (typically inhaled through the nose but some forms can be placed into the mouth).
What is the legal status of oral tobacco nicotine products in NZ?
- Where the product is for personal use it can be imported into New Zealand by the person who is to use the product.
- Where the product is for retail sale or distribution it cannot be imported into New Zealand, unless approved as a medicine.
If you are concerned that an oral tobacco nicotine product is being sold illegally in New Zealand please register your concern with the Ministry’s Regulatory Products compliance team: contact vaping@health.govt.nz.
Oral nicotine products – synthetic
What is an oral synthetic nicotine product?
A product that:
- contains synthetic nicotine (ie, not derived from tobacco plant), and
- is not a vaping product or other regulated product under the Smokefree Environments and Regulated Products Act 1990.
Examples include:
- Some brands of nicotine pouches, and
- Some brands of nicotine gummy
What is the legal status of oral synthetic nicotine products?
- Where the product is for a therapeutic use it cannot be imported into New Zealand for retail sale or distribution unless approved as a medicine (or an exemption applies).
- Where the product is for recreational use it cannot be imported into New Zealand, unless approved as a psychoactive substance.
Information on obtaining approval as a medicine can be found at Medsafe's Evaluation and Approval Process.
Information on obtaining approval as a psychoactive substance can be found at the Ministry of Health's How to get a psychoactive substance product approved.
Should your product gain approval as a psychoactive substance in New Zealand, there are additional licensing requirements. Information on psychoactive substances licences can be found at the Ministy of Health's How to get a licence for a psychoactive substance.
If you are concerned that an oral synthetic nicotine product is being sold illegally in New Zealand please register your concern with the Medsafe compliance team by emailing: askMedsafe@health.govt.nz.
