Tobacco Co. v. Respondent

In 2021, the Munich Administrative Court rejected an application by a tobacco wholesaler who objected to the ban on nicotine pouches. The court stated that nicotine pouches are classified as novel foods, and they have a nicotine content higher than the dose recommended by the European Food Safety Authority. In this matter, the Higher Administrative Court rejected an appeal by a wholesaler against an order prohibiting it from bringing nicotine pouches onto the market. The Court upheld that nicotine pouches are classified as foods containing the unauthorized novel food ingredient nicotine, and therefore they cannot be placed on the German market without novel food authorization.


Tobacco Co. v. Respondent, 5 Bs 56/21 (Hamburg Higher Admin. Court 2021).

  • Germany
  • Aug 19, 2021
  • Hamburg Higher Administrative Court


Plaintiff Tobacco company based in Hamburg

Defendant Respondent

Legislation Cited

Lebensmittels-, Bedarfsgegenstände- und Futtermittelgesetzbuch (LFGB) (Food and Feed Code)

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product