Nicotine pouches sold illegally in Australia and Canada

More than 1.3 million boxes of nicotine pouches have been seized by Australian border police since January, an increase of 950 %s compared to 2023. It is illegal to sell, buy or advertise nicotine pouches in Australia unless prescribed by a doctor. In Canada, several flavoured nicotine pouches under the brand name ZYN (Philip Morris) have been recalled across the country because they were not authorised for sale.

The Therapeutic Goods Administration (TGA) in Australia has not approved nicotine pouches for use because there was no strong evidence that these products helped people quit smoking or vaping. In Canada, only flavoured nicotine pouches from manufacturer Imperial Tobacco Canada Ltd. (a subsidiary of British American Tobacco) have been approved for sale by Health Canada.

Nicotine pouches are becoming increasingly popular in OECD countries. They are not subject to any specific regulation in European Union countries. Belgium and the Netherlands have already banned them. In France, the National Committee against Smoking (CNCT) reminds that these products are prohibited from sale and has filed a complaint with the Public Prosecutor for trafficking in poisonous substances classified in list I.[1].

Products accessible despite their ban in Australia

As with e-cigarettes, nicotine pouches are only legal to sell on prescription. Despite the ban on their sale and advertising, nicotine pouches are heavily promoted on Australian social media by influencers on TikTok and Instagram. While these influencers do not sell the products directly, they link to an illegal online marketplace that advertises the nicotine pouches as legal. Professor Becky Freeman, a tobacco control expert at the University of Sydney, made an online purchase for example, and said the products were delivered the same day.

According to Australian border police[2]The quantity of products seized shows that these are not individual uses but are intended for retailers. The Western Australian Department of Health said it frequently conducts routine compliance checks on retailers and nicotine pouches are regularly found. The retailer is then given a formal warning and may face criminal prosecution. Health Minister Mark Butler has also taken up the matter and said the federal government is “deeply concerned” about the nicotine pouches. In May last year he wrote to Meta asking it to remove advertising for the pouches from Facebook and Instagram.

Philip Morris ZYN sachets available despite being banned from sale

The Government of Canada has recalled Philip Morris ZYN nicotine pouches that are not authorized for sale in the country. The recall affects retailers who sell the product in a variety of flavours, including Apple Mint, Black Cherry, Citrus, Cool Mint, Original, Espresso, Spearmint and Bellini.[3]. Most of these flavoured pouches contain three milligrams of nicotine each. There is only one nicotine pouch authorized in Canada, Imperial Tobacco's Zonnic brand, as a smoking cessation aid. This authorization from Health Canada came in October 2023. It is part of the Natural Health Products Regulations, which fall under the Food and Drugs Act.

The authorization of this brand of pouch has sparked an outcry from health organizations because it allows the sale of this product 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. This is because all Canadian provinces and territories have legislation prohibiting the sale of tobacco and vaping products to young people, 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 this Food and Drugs Act. The Natural Health Products Regulations do not provide for a minimum age of sale, and it follows that there is no minimum age of sale for nicotine pouches.

Some provinces have decided to regulate these products more strictly. British Columbia took measures last February to restrict the sale of oral nicotine pouches to pharmacists only, without a prescription, and to prohibit their sale to minors under 18.[4].

©Generation Without Tobacco

AE

[1] Press release, CNCT calls for ban on nicotine pouches sold illegally in France and files complaint, published on May 29, 2024

[2] Nicolas Perpitch, Nicotine pouch use by young people on the rise amid massive surge in imports to Australia following vaping crackdown, ABC News, published June 13, 2024, accessed June 14, 2024

[3] Saba Aziz, Unapproved nicotine pouches recalled in Canada. Which ones?, Global News Canada, published June 13, 2024, accessed June 14, 2024

[4] Press release, Province takes action to prevent sale of nicotine products to youth, British Columbia site, published February 7, 2024