Nothing strikes fear into the heart of nicotine pouch manufacturers quite like hearing there’s been a change in regulations. When it comes to tax hikes, this news can also be a source of terror for users. But here in the US, these changes have become unescapable. 2025 has been a year with plenty of change, and it can be hard to keep up — but Prilla has everyone covered.
To kickstart things with the biggest changes, Trump became the President in January 2025, which led to a whole host of other changes. Robert F. Kennedy is the new Department of Health and Human Services Secretary, and he has expressed his support for nicotine pouches as an alternative to traditional tobacco products like cigarettes on various occasions.
Most relevant for the world of nicotine alternatives, the Trump administration removed the Director of the Center for Tobacco Products (CTP) from his post; there is currently a temporary director performing the role, Brett Koplow. This is likely to affect legislation in 2026 and beyond.
Key Takeaways:
- The need to limit the exposure of nicotine to children continues to be a pressing issue.
- Some charitable organizations have complained about nicotine pouch companies marketing their products without marketing authorization from the FDA.
- The FDA has announced a pilot program to speed up the review of nicotine pouches.
- Various states will be introducing harsher taxes on nicotine products starting in January 2026.
Request for Child-Resistant Packaging
One of the main concerns regarding nicotine pouch safety is the need to limit exposure to children and young people. To further this aim, in September 2025, the FDA urged manufacturers to use child-resistant packaging after reports of increased accidents related to children aged five and below.
ZYN pouches, which are currently the only nicotine pouches to have marketing authorization from the FDA, already make use of this. The FDA has now called on companies with pending applications to contact them for advice, as many of them do not have the appropriate packaging.
The Department is also working to educate pouch users on how to store nicotine pouches correctly to keep them out of the reach of children.
Concerns about Unauthorized Marketing
In the US, nicotine pouches must go through the process of obtaining marketing authorization from the FDA to be able to legally market their products. Part of this process involves proving the benefits of nicotine pouches compared to other tobacco products.
Currently, the 20 ZYN pouches on the market are the only nicotine pouches to have received this status, but there has been a lot of concern about brands pushing forward with illegal marketing.
The FDA has carried out numerous advisory and enforcement actions this year against brands that haven’t obtained the necessary legislation this year. However, some believe the efforts made have been insufficient.
A group of American charitable organizations — including the American Lung Association and the American Academy of Pediatrics — signed a letter to the FDA expressing concern about unauthorized marketing in September 2025.
The groups highlighted the activities of Altria, the manufacturer behind on! Pouches, pointing out it had gone ahead with its launch of on! Plus with a premarket application pending for more than 180 days instead of awaiting full approval. The letter noted that the FDA has not yet taken action against products with applications pending for this long.
Introduction of FDA Pilot Program
Given the hurdles that many nicotine pouch companies are facing when trying to obtain market authorization, the Trump administration has announced a pilot program to fast-track nicotine pouch approval.
FRE, ALP, VELO, and on! are the brands set to be involved in the program, meaning they could follow ZYN in having marketing authorization by late 2025 or early 2026 (date not yet confirmed by the FDA). Another ZYN range — that is not yet on the market — is also involved.
It is unclear exactly how the pilot program will evaluate evidence about nicotine pouches. However, some reports suggest it may allow general evidence about the public health outcomes of nicotine pouches, rather than requiring research on specific products.
State-Specific Changes
Finally, let’s finish off with a summary of the most relevant state-specific changes.
Arizona
Arizona increased the minimum age requirement to buy tobacco products (a definition that includes all nicotine products, including pouches) to 21 years of age in 2025.
This will bring the requirements in line with federal law.
Colorado
Eagle, Colorado will be banning flavored tobacco products (including nicotine pouches) starting on January 1, 2026.
Although it is not a state-wide ban, it will make Eagle the 14th municipality in Colorado to pass this legislation. This makes it clear in which direction the tide is moving in the state.
Unflavored nicotine pouches will still be available.
Texas
The Texas Comptroller has proposed subjecting products without tobacco to the state’s tobacco tax. This would involve reinterpreting the law to include these products within the definition.
It is in a long-running dispute with tobacco giant RJR Vapor, which is seeking a $16,000 refund on taxes it paid in 2020 after the Texas Comptroller decided VELO pouches and lozenges came under the definition for the tobacco tax. Although the Court of Appeals sided with RJR Vapor, the Comptroller is now seeking a review with the Texas Supreme Court.
California
California has often been an epicenter of nicotine pouch regulation, and more updates took place in 2025.
Now, Tiburon may soon become the third city in the US to ban all tobacco sales, following Beverly Hills and Manhattan Beach. If the final bill goes ahead, the legislation will come into effect in December 2025, and it will include nicotine pouches.
Massachusetts
Massachusetts is considering a State bill that would stop the Boards of Health of cities and towns within the state from carrying out their own bans on consumer product sales. This would include nicotine and tobacco products, reversing the generational tobacco plans currently in place in some communities in the state, such as Northampton and Belchertown.
Washington
Another law set to come into effect on 1 January 2026 is Washington’s new tax rules. The state has approved a tax on products containing tobacco or nicotine, which will subject them to a 95% tax on their sale price.
Philip Morris International (PMI) representatives have complained this could simply incentivise consumers to buy from other states or opt for cigarettes, as they will be more affordable.
