Canada introduces stricter measures for nicotine pouches

Health Minister Mark Holland announced that the government will ban all flavours in nicotine pouches, except for mint and menthol. The government also plans to put health warnings on packages, impose marketing and packaging restrictions, and limit their placement and access behind the counter in pharmacies across Canada. Some of these changes will come into effect on August 28, and others six months later. These new measures are being implemented through a ministerial order[1]. 

Last summer, Health Canada approved the sale of nicotine pouches. The tobacco industry then took advantage of a loophole to aggressively market these pouches by promoting them in convenience stores (tobacco stores) and gas stations, packaging them in small, colourful packets similar to candy wrappers, and advertising them based on flavour availability and lifestyle, and targeting youth.

Products that are not prohibited for minors

On July 18, 2023, Health Canada approved the sale of Zonnic brand nicotine pouches containing 4mg of nicotine 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.

While prescription drugs require that nicotine-containing products, other than tobacco products, be sold by prescription in Canada, there is an exception for nicotine pouches. The Natural Health Products Regulations also do not provide for a minimum age of sale, and as a result, there is no minimum age of sale for nicotine pouches. To prevent these products from being available to adolescents, the provinces of Quebec and British Columbia have decided to grant only pharmacists the right to sell these nicotine pouches. Both provinces have also banned their sale to those under 19 years of age.[2].

Despite these restrictions, the Quebec media La Presse[3] revealed that it was very easy to obtain nicotine pouches in tobacco stores in Quebec, at nicotine levels higher than those authorized or from unauthorized brands (such as ZYN by Philip Morris). These products are also very accessible online where products containing up to 50mg/g of nicotine can be purchased without verifying the buyer's age.

Prevent young people from getting introduced to nicotine through this product

As of August 28, Zonnic brand pouches will be banned from convenience store and gas station shelves across Canada, and all flavours other than menthol and mint will no longer be authorized for sale. Only pharmacists will be authorized to sell nicotine pouches, and they must be placed behind the counter. Imperial Tobacco will have six months to change its packaging. New labelling requires a warning about the risk of nicotine addiction and a clear indication of the restrictive use intended for quitting smoking in adults. Any advertising likely to appeal to young people must be changed by the end of February.

Health Minister Hollande says he is "concerned" about children's use of these products. He accuses tobacco companies of exploiting loopholes in the laws to "target children" and get them addicted to nicotine.[4]. The new measures still do not include a federal ban on sales to minors. Doug Roth, CEO of Heart & Stroke, said the situation should be closely monitored: "It will be very important for the federal government to assess this gap in six months to ensure that the industry does not exploit it."

©Tobacco Free Generation

AE

[1] Communicated, Health Canada introduces new measures to prevent harm from nicotine replacement therapies in youth, Health Canada, published August 22, 2024, accessed August 23, 2024

[2] Tobacco-Free Generation, Regulatory Loophole Leads to the sale of nicotine pouches to minors in Canada, published on November 19, 2023, consulted on August 23, 2024

[3] Generation without tobacco, Quebec: Ban on sale of nicotine pouches outside pharmacies not respected, published on August 11, 2024, consulted on August 23, 2024

[4] Nicotine pouches will now be sold over the counter in pharmacies, Radio Canada, published August 22, 2024, consulted August 23, 2024