South Australia steps up crackdown on illegal nicotine pouch sales

South Australia has banned the sale of nicotine pouches, as part of a broader effort to crack down on the illicit tobacco and vaping market. The Malinauskas Labor government has introduced tough new regulations that classify nicotine pouches with other illegal tobacco and vaping products, and provide tough penalties for those caught selling them.

The ban, which came into effect immediately (January 30), gives authorities the power to seize nicotine pouches and impose fines of up to A$1.5 million on people and businesses distributing them.

In Australia, nicotine pouches fall under the jurisdiction of the Therapeutic Goods Administration (TGA), the government agency responsible for regulating therapeutic goods. The TGA reiterated its position, stating that no nicotine pouches had been assessed for “quality, safety or efficacy” and that none were registered on the Australian Register of Therapeutic Goods (ARTG). This lack of authorisation means that these products cannot legally be sold by Australian retailers or advertised. However, despite the ban, nicotine pouches remain widely available in the country, circulating widely through channels such as online sales and parallel markets.[1].

A ban welcomed by health professionals

South Australian Health Minister Chris Picton has highlighted the local government's proactive stance to prevent these products becoming a widespread public health problem. This follows growing international concerns about the addictive nature of nicotine pouches and the rise of illegal and unregulated sales of these products.

The Australian Medical Association (AMA) South Australia welcomed the ban, highlighting the dangers posed by nicotine pouches. Dr John Williams, president of AMA SA, pointed out the lack of quality control of these products and the potential harm of unknown chemical additives.

“Nicotine pouches are not regulated. There is no quality control, which means that the nicotine levels in some pouches can be extremely high. We also don’t know enough about the other ingredients in these pouches and the harm they could cause.”[2], he said.

Public health advocates have been particularly concerned about the impact of these products on youth. Indeed, nicotine pouches are often marketed and promoted as a discreet and socially acceptable alternative to smoking and vaping. Unlike cigarettes and vaping products, they do not produce smoke or vapor, making them easy to use discreetly in schools, workplaces, and other public places where smoking/vaping is prohibited.

Strengthening measures and combating the illegal market for tobacco and nicotine products

The decision to ban the sale of nicotine pouches is part of a broader legislative effort to combat the illegal market for tobacco and other nicotine products. The South Australian government has recently introduced several measures to this end. Penalties have been significantly increased for offenders. For example, for sale to a minor, the fine can be as high as A$1 million for a first offence and A$1.5 million for a repeat offence. Previously, this penalty was capped at A$20,000 and A$40,000 respectively.[3]. In addition, restrictions on the sale of tobacco products in vending machines and a ban on providing therapeutic e-cigarettes to minors have been adopted. The government has also introduced a licensing system for tobacco wholesalers and introduced stricter rules for obtaining a license for anyone seeking to sell nicotine products.

Enforcement efforts have also been stepped up. Authorities have seized more than CAD$12 million worth of illicit tobacco and vaping products since July 2024. The Consumer and Business Services (CBS) will oversee the implementation of the nicotine pouch ban.

AE

[1] Tobacco-free generation, Australia: High consumption of nicotine pouches despite ban, published October 17, 2024, accessed January 31, 2025

[2] Press release, Nicotine pouch crackdown will help curb risky trend, AMA , published January 30, 2025 accessed January 31, 2025

[3] New nation-leading penalties against illicit vapes and tobacco, Government of South Australia, accessed 31 January 2025