Quebec: Ban on sale of nicotine pouches outside pharmacies not respected

The sale of only one model of nicotine pouch is authorized in Canada, that of the Zonnic brand marketed by Imperial Tobacco Canada. This authorization from Health Canada came in October 2023, and this product has since been available over-the-counter, particularly in convenience stores, with the exception of Quebec and British Columbia which authorize its sale only in pharmacies, behind the counter.

Health Canada has approved the sale of Zonnic brand nicotine pouches containing 4mg of nicotine as a smoking cessation aid under the Natural Health Products Regulations, which fall under the Food and Drugs Act.

In the provinces of Quebec and British Columbia, regulations have only allowed pharmacists to sell these nicotine pouches since they were put on the market. In addition, the Ordre des pharmaciens du Québec recommends that these products be sold only to smokers after a consultation with a pharmacist to ensure that they are on the smoking cessation path.

Despite the ban, high-dose sachets are available throughout Quebec

Journalists from the Quebec media The Press[1] made, for example, purchases at three tobacco stores in Montreal where they purchased several brands of pouches in concentrations of 6, 10 and 15 mg of nicotine. These stores display a range of flavoured nicotine pouches on a display rack for all to see, in concentrations from 3 to 15 mg. Journalists indicate that it was even easier to order pouches online, from stores located elsewhere in Canada. La Presse was able to purchase pouches containing 50 mg of nicotine, which were delivered from Vancouver in just a few days. The websites selling these products specify that they can ship across the country in “discreet packaging.”

Online and in store, The Press also noted the recurring presence of ZYN brand sachets from manufacturer Philip Morris International, while the Canadian government recalled these ZYN sachets last June, and they are not available for sale. The recall affected retailers selling the product in a variety of flavours, including Apple Mint, Black Cherry, Citrus, Cool Mint, Original, Espresso, Spearmint and Bellini[2].

The artisanal production of nicotine pouches, a worrying trend

The Press also found that Quebec retailers are selling kits for making your own nicotine pouches. Each kit includes customizable pouches, flavors and liquid nicotine, like that used in e-cigarettes. The seller explained to reporters how to mix flavor and nicotine liquid, then soak the pouches.

Products that remain easily accessible to minors

Quebec public health experts are concerned about the widespread availability of these addictive products to minors. In fact, while all Canadian provinces and territories have legislation prohibiting the sale of tobacco and vaping products to young people (the age being set at 18, 19 or 21 depending on the province or territory), these federal/provincial/territorial laws do not apply to nicotine products approved under this food and drug legislation. Thus, 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. However, to date, only British Columbia has prohibited the sale of nicotine pouches to minors under the age of 19.

©Tobacco Free Generation

AE

[1] Adele Decary-Chen, In large doses and at hand, La Presse, published July 30, 2024, consulted August 6, 2024

[2] Generation without tobacco, Nicotine sachets sold illegally in Australia and Canada, published June 18, 2024, accessed August 6, 2024