Snus and Germany - Will it soon be allowed?

© Image: Snuzone

Is Snus legal in Germany? Are the private possession and use of tobacco-containing Snus allowed? What about nicotine pouches in Germany? What is permitted and what is not? This article systematically addresses these questions, providing answers and clear explanations of potential restrictions. Gain a comprehensive understanding of what is legal in Germany and what is not.

Snus in Germany – Legal Status

The legal situation for traditional tobacco-containing Snus in Germany is clear when it comes to its sale. This is based on the European Tobacco Products Directive 2014/40/EU (TPD), which came into force in 2014 and was implemented into German law in 2016 through the Tobacco Products Act (TabakerzG) and the Tobacco Products Ordinance (TabakerzV).*1

Prohibition on the Sale of Oral Tobacco in Germany

The TPD classifies traditional Snus under Title I, Article 2 (8) as "tobacco for oral use."*2 The prohibition of such products is explicitly outlined in Title II, Chapter III, Article 17:

"Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden."*2

"Placing on the market" is further defined in Title I, Article 2 (40) as:

"[…] to make products, irrespective of their place of manufacture, available to consumers located in the Union, with or without payment, including by means of distance sale; in the case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;"*2

While this definition may sound technical, it essentially means that selling (or even gifting) tobacco-containing Snus to consumers is prohibited in all EU Member States, except Sweden. In Germany, this prohibition is implemented under §11 of the TabakerzG, which states, that it is prohibited to place tobacco products for oral use on the market.*3 Definitions in the German law align closely with those in the TPD.

Thus, the sale of tobacco-containing Snus is not allowed in Germany, whether domestically or from another EU country targeting the German market. Any changes to this regulation in the near future seem unlikely, despite arguments supporting legalization and some experts advocating for it.

>> Learn more about why the Director of the Institute for Addiction Research in Frankfurt supports an EU-wide legalization of tobacco-containing Snus.

No Sales Ban for Chewing Tobacco in Germany

The TPD defines "tobacco for oral use" under Title I, Article 2 (8) as:

"[…] all tobacco products for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets;"*2

Snus is not chewed but sucked and contains powdered or particulate tobacco, clearly fitting into this category.

Chewing tobacco, on the other hand, is excluded from this category because it is intended to be chewed. Consequently, it is not subject to the sales ban derived from the TPD. Furthermore, German laws, particularly the TabakerzG and the TabakerzV, do not explicitly prohibit its sale.*4

Therefore, chewing tobacco does not face a sales ban in Germany. It has even been marketed as a potential alternative to Snus under the name "chewing bags."

Bavarian Court Prohibits Chewing Bags

In 2019, the Bavarian Administrative Court ruled against the sale of "chewing bags," stating that these products are, in fact, Snus (tobacco for oral use) rather than chewing tobacco. According to the European Court of Justice (ECJ) definition from 2018, a product qualifies as chewing tobacco only if it is consumed exclusively through chewing.*5

In 2019, the Bavarian court ruled against the sale of chewing bags, citing earlier rulings.
An appeal was dismissed by the Federal Administrative Court in Leipzig in 2020 - © Image: AdobeStock

Is Snus Legal in Germany?

While it is clear that sales are prohibited, the question remains: "Is Snus legal in Germany?" Specifically, is possession and consumption allowed? A sales ban does not necessarily imply a ban on possession and use. Consider the following points:

• The TPD regulates "the manufacture, presentation, and sale of tobacco products and related products," but does not directly address possession and consumption.*2
• The TabakerzG and TabakerzV incorporate these rules into German law.
• Neither the TabakerzG nor the TabakerzV explicitly prohibits the possession or consumption of Snus.*6

Therefore, possession and use of Snus do not seem to be explicitly prohibited under these laws. However, large quantities could raise suspicion of potential distribution.

Is the Possession of Snus in Germany Legal?

Although private possession of Snus in Germany is neither explicitly prohibited by the TPD nor by German tobacco laws, individuals must be able to demonstrate that the products are intended solely for personal use and not for distribution. Additionally, the method of acquisition matters, as the sale or importation of Snus is prohibited in Germany, including cross-border online sales.*4

For those traveling to Sweden, it seems permissible to purchase a small quantity of Snus for personal use and bring it back to Germany. However, customs authorities may seize the product if there is suspicion of a violation. According to the German Customs website:

"Die deutsche Zollverwaltung hat bei der Überwachung der Einhaltung der Bestimmungen des Tabakrechts eine Mitwirkungsbefugnis. Im Rahmen dieser Befugnis können die Zollstellen unter anderem Tabakerzeugnisse oder verwandte Erzeugnisse, Beförderungsmittel und Ähnliches anhalten. Weiterhin können sie den Verdacht eines Verstoßes gegen das europäische oder nationale Tabakerzeugnisrecht den Überwachungsbehörden mitteilen und die Tabakerzeugnisse oder verwandten Erzeugnisse den zuständigen Behörden, auf Kosten und Gefahr des Verfügungsberechtigten, vorführen lassen."*7

>> You might also be interested in: Snus on vacation: How much can I bring?

Is the Consumption of Snus in Germany Legal?

Like possession, the consumption of Snus is not explicitly prohibited by the TPD or German tobacco laws (TabakerzG and TabakerzV).*4 However, those who consume Snus will naturally possess it, meaning the same considerations apply as mentioned earlier.

Therefore, the act of consuming Snus itself is not illegal in Germany, much like private possession. Any legal issues are more likely to arise from potential distribution or sale rather than consumption.

>> You may also find this interesting: Are Snus and nicotine pouches legal at Oktoberfest?

Are Nicotine Pouches Legal in Germany?

The legal status of nicotine pouches (tobacco-free Snus) in Germany is currently unclear and often confusing. In some federal states or regions, local sales are prohibited, while in others, sales remain permitted.

This inconsistency arises because these products are not yet regulated at the EU level, as the TPD does not cover them, nor do German tobacco laws establish nationwide restrictions.*9

>> Learn why there is no EU-wide legal framework for nicotine pouches and the temporary regional regulations in Germany in detail here: The EU Tobacco Directive: The future of Snus and nicotine pouches

Nicotine pouches are tobacco-free Snus products and are not regulated under German tobacco laws.
- © Image: AdobeStock

While regional restrictions on nicotine pouches exist in Germany, they primarily affect physical retail and local sales points. Online purchases from companies outside Germany are not subject to these restrictions. Therefore, if an online retailer is based outside Germany, you can purchase tobacco-free Snus products without legal concerns.

Are Sellers of Snus in Germany Breaking the Law?

Section 11 of the TabakerzG – reflecting Title II, Chapter III, Article 17 of the TPD in German law – prohibits the sale of tobacco-containing Snus in Germany. Sellers who disregard this ban are violating federal law.

The sale of tobacco-free Snus, such as nicotine pouches, is not yet regulated nationwide.*9 However, regional restrictions exist, temporarily banning local sales.*10 Sellers in Germany affected by these restrictions who continue to sell nicotine pouches to consumers are breaking the law. Online retailers based outside Germany, however, are not affected by these regional restrictions.

Are Consumers Who Purchase Snus in Germany Breaking the Law?

If traditional, tobacco-containing Snus is purchased in Germany, it is primarily a violation by the seller, as selling Snus in Germany is prohibited, as previously discussed. However, if consumers resell or give away these products, they may also be liable under §11 of the TabakerzG. This applies regardless of whether the Snus is sold or gifted, as "placing on the market" also includes "the free provision of products."

Private possession and consumption of Snus are not criminal offenses in Germany. Therefore, the act of purchasing Snus for private use does not seem to be punishable, provided it is not intended for distribution. However, customs may seize products ordered online from abroad as part of their authority to enforce tobacco laws.*7

Consumers can legally purchase tobacco-free Snus and nicotine pouches online without violating national or regional laws.

>> Read more about this topic here: Buying Snus online - is it legal?

Editor’s Note: This article aims to summarize the complex legal situation regarding Snus in Germany based on available sources. While thoroughly researched, the information's accuracy, completeness, and timeliness cannot be guaranteed. For detailed and up-to-date legal advice, consult a qualified legal professional.

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Sources (Links accessed on 21.11.24):

*1 See: https://www.bvl.bund.de/DE/Arbeitsbereiche/03_Verbraucherprodukte/03_AntragstellerUnternehmen/08_Rechtsvorschriften/04_Tabakerzeugnisse/bgs_tabakerzeugnisse_rechtliche_grundlagen_node.html
*2 https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32014L0040
*3 https://www.gesetze-im-internet.de/tabakerzg/BJNR056910016.html
*4 See: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32014L0040, and: https://www.gesetze-im-internet.de/tabakerzg/BJNR056910016.html, as well as: https://www.gesetze-im-internet.de/tabakerzv/BJNR098010016.html
*5 See: https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2019-N-31409
*6 See: https://www.gesetze-im-internet.de/tabakerzg/BJNR056910016.html, and: https://www.gesetze-im-internet.de/tabakerzv/BJNR098010016.html
*7 https://www.zoll.de/DE/Fachthemen/Verbote-Beschraenkungen/Schutz-der-menschlichen-Gesundheit/Tabakerzeugnisse/tabakerzeugnisse_node.html
*8 See: https://www.zoll.de/DE/Fachthemen/Verbote-Beschraenkungen/Schutz-der-menschlichen-Gesundheit/Tabakerzeugnisse/tabakerzeugnisse_node.html, and: https://www.zoll.de/DE/Privatpersonen/Reisen/Reisen-innerhalb-der-EU/Steuern/Genussmittel/genussmittel_node.html
*9 See: https://www.bundestag.de/resource/blob/934682/76303f347908f93e947d4d86ffd36a94/WD-5-002-23-pdf-data.pdf
*10 See, for example: https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2021-N-12923, and: https://www.hamburg.de/politik-und-verwaltung/behoerden/bukea/hu/aktuelles/verkaufsverbot-nikotinbeutel-179948