Major convenience store operators take the federal government to court over new rules that limit nicotine pouch sales to pharmacies only.Mac's Convenience Stores Inc. and Couche-Tard Inc., both owned by Quebec-based Alimentation Couche-Tard Inc., filed a case in Federal Court. Couche-Tard argued Health Canada's pharmacy-only sales regulation for nicotine pouches was unfair and unconstitutional.Parkland Corp., which runs On the Run stores at gas stations, also filed a separate court case. Parkland argued that limiting sales to pharmacies would increase demand for illegal products."Youth already have access to, and will continue to have access to through the contraband market," Parkland stated in its court filing.The company also claimed that illegal nicotine replacement therapy products "are more dangerous than regulated" ones. Parkland warned the new rules would "have the effect of increasing, not decreasing, the risk of injury to health.".IN-DEPTH: Sweden leads Europe in reducing smoking with nicotine pouches.Mac's and Couche-Tard made a similar argument. They said that since Federal Health Minister Mark Holland did not ban sales to minors, allowing sales only at pharmacies would "at best, perpetuate identified risks of injury to health" for people who buy other kinds of nicotine replacement therapy. Couche-Tard added that it could worsen the risks for those who turn to the black market, including illegal nicotine pouches sold through stores not following the new rules.For example, Rights4Vapers said Holland's decision will push more people to buy illegal pouches.These pouches often have more nicotine and may not be safe.Rights4Vapers wants people to have more ways to quit smoking.But Holland's new rules make it harder to get these products legally."We don't care how a Canadian who smokes quits. It could be vaping, or it could be with nicotine pouches. What we do care about is access to these products. Minister Holland has decided that he knows best how and where someone should quit smoking," said Maria Papaioannoy."This is hubris of the highest order.".Illegal nicotine pouches thrive in Minister Holland’s backyard.Health Canada had only approved one nicotine pouch product for sale, which is Imperial Tobacco's Zonnic pouches. These small bags contain nicotine and are used in the mouth. Health Canada said Zonnic was a type of nicotine replacement therapy which could help people quit smoking by easing cravings and withdrawal symptoms.Simon Scott, Parkland's Vice-President of Corporate Affairs, defended his company's ability to sell these nicotine pouches responsibly to the public."(We have) a proven track record of responsibly and safely selling age-restricted products, including alcohol, tobacco, and lottery tickets. (Nicotine replacement therapies) are no different," said Scott.Scott argued that banning these products from convenience stores would not stop youth from getting them. Instead, Scott said it would "hinder access by adult customers who are trying to reduce their use of tobacco.".New regulations cause nicotine pouch shortage across Canada.Imperial Tobacco strongly opposed the new rules. Imperial Tobacco's Vice-President of Corporate and Regulatory Affairs Eric Gagnon called Holland's order "unprecedented" and an "extreme abuse of power.""These rules do not apply to any other smoking cessation product and singling out Zonnic is a personal attack on our company by Minister Holland and will only make it more difficult for adult smokers to quit," said Gagnon.Gagnon warned that the new rules would lead people to buy illegal products that are easily available online.Holland announced the new rules in August 2023 and went into effect on August 28.Holland said Zonnic pouches could only be sold in pharmacies because of concerns about "recreational use by people who do not smoke, and, in particular, youth under 18 years of age."Holland's order also banned ads "that could be appealing to youth" and only allowed mint and menthol flavours for nicotine pouches."Nicotine pouch flavours like berry frost or tropical breeze are not going to be allowed to be sold anywhere," said Holland in August. "What I'm hoping to see is for these products to be used for what they're intended to do, to help people stop smoking, and to stop dead in its tracks the explosion of these products that we're seeing in youth."Before Holland's order, Quebec and British Columbia had already put rules in place that Zonnic pouches could only be sold behind pharmacy counters.
