Board opens written comment period on tobacco regulations; staff recommends 6 mg cap for nicotine pouches

The Littleton Board of Health on May 27 opened an extended written comment period on proposed tobacco regulation amendments and heard a recommendation to limit nicotine pouches to no more than 6 milligrams.

Joan, representing the Westminster Tobacco Alliance, told the board that youth access inspections and reports from colleagues show rising use of nicotine pouches and an increase in poison‑control calls. "We're recommending no more than 6 milligrams," she said, arguing the cap is a conservative measure to reduce accidental ingestions among children and to limit a product that some retailers have used to circumvent smoke‑free rules.

Joan summarized regional practice: many nearby towns have adopted a 6 mg limit, some have made sales adult‑only and others have used the limit to effectively restrict availability. She noted the FDA recently authorized a 9 mg product (approval in December, product on market in April), but said many retailers voluntarily limit stock to FDA‑authorized brands and lower strengths to simplify compliance across multiple jurisdictions.

Health Director Francis Daigle and board members discussed next steps: Joan will hand‑deliver the draft amendments to local retailers within about a week and staff will accept written public comment through June 24; the board will review comments at its June 24 meeting and could vote to adopt changes and set an implementation date (staff suggested an early‑August effective date to allow retailers time to sell down higher‑strength stock if needed).

What to watch: the board requested retailers' written input, and Joan signaled she expects limited public opposition but asked the board to consider enforcement language and retailer education. The proposed 6‑mg cap and the method of retail outreach will be central items for the June 24 discussion.