Regulatory loophole leads to sale of nicotine pouches to minors in Canada

Health Canada has approved the sale of flavoured nicotine pouches from manufacturer Imperial Tobacco Canada Ltd. (a subsidiary of British American Tobacco), allowing these products to be legally sold to minors under the age of 18. In addition, Imperial Tobacco can promote these products on television or on billboards in front of schools, on social media and distribute free samples.

A group of Canadian health organizations, including the Canadian Cancer Society[1], urged the federal government to restrict the availability of these nicotine pouches, saying the product contains a highly addictive drug. In the immediate term, these organizations propose making these products available only by prescription or suspending their sale altogether.

Products legally sold to minors

On July 18, 2023, Health Canada approved the sale of Zonnic brand nicotine pouches as a smoking cessation aid under the Natural Health Products Regulations, which are part of the Food and Drugs Act. The approval was granted to Nicoventures Trading Ltd. Imperial Tobacco Canada Ltd. and Nicoventures Trading Ltd., both subsidiaries of British American Tobacco.

In Canada, the prescription drug list requires that nicotine products, other than tobacco products, be sold with a prescription, but provides exceptions for gum or lozenges containing 4 mg or less of nicotine, and patches containing 22 mg or less of nicotine. There is also an exception that was used to approve nicotine pouches: in a form intended to be administered into the oral cavity by means of a non-active device (operated by energy generated by the human body or by gravity) that delivers 4 milligrams or less of nicotine per dose for oral absorption ".

All provinces and territories have legislation prohibiting the sale of tobacco and vaping products to youth, with the age being set at 18, 19 or 21 depending on the province or territory. However, these federal/provincial/territorial laws do not apply to nicotine products approved under the Food and Drugs Act. The Natural Health Products Regulations do not provide for a minimum age of sale, and as a result, there is no minimum age of sale for nicotine pouches.

A misunderstanding for public health actors: "This is the first time in over 100 years in Canada that it has been legal to sell nicotine products to children from a tobacco manufacturer. " said Rob Cunningham of the Canadian Cancer Society.

Nicotine pouches are aggressively promoted to young people

Public health professionals are denouncing the manufacturer's marketing campaigns, which are promoting nicotine pouches on social media in many retail locations by placing them near chocolate bars and other treats. The advertisements highlighted the diversity of fruity and menthol flavors available and feature young people with trendy lifestyles. Health professionals are concerned about the consequences of promoting this highly addictive product to adolescents. They point out that the equally aggressive promotion of electronic cigarettes has resulted in a sharp increase in the consumption of these products by adolescents. Canada now has some of the highest vaping rates among young people in the world.

Similar advertising campaigns for nicotine pouches have been noted in France by the National Committee against Smoking (CNCT) on the Internet and at points of sale where nicotine pouches are sold. They are promoted as products that are easy to consume anywhere and at any time. In a press release, the CNCT also recommended banning these products altogether to protect young people.[2].

Keywords: nicotine pouches, regulatory loophole, Canada, flavors, adolescents, public health

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[1] Press release, Health Canada makes it legal for flavored nicotine products from Imperial Tobacco to be sold to children, Canadian Cancer Society, published November 14, 2023, accessed November 15, 2023

[2] Press release, LThe CNCT calls for regulating all commercial nicotine products and limiting their number, published on November 15, 2023, consulted the same day