Health Minister Mark Holland rises during Question Period, in Ottawa, Sept. 16, 2024. THE CANADIAN PRESS/Adrian Wyld
Convenience store operators across Canada are challenging federal regulations that restrict the sale of nicotine pouches to pharmacies. The lawsuit, filed in Federal Court by Mac’s Convenience Stores Inc. and Couche-Tard Inc., both subsidiaries of Quebec's Alimentation Couche-Tard Inc., argues that Health Canada’s rules are unfair and unconstitutional.
Parkland Corp., which runs convenience stores at gas stations under the On the Run brand, has also filed a similar legal challenge. The company claims that limiting the sale of these products to pharmacies will drive demand for illegal alternatives that young people already access through the black market. Parkland further contends that unregulated nicotine replacement therapies pose greater health risks than those approved by Health Canada.
Mac's and Couche-Tard assert that the government's decision to restrict sales to pharmacies will not adequately protect young people. They argue that since the rules do not outright ban sales to minors, this regulation will only "perpetuate identified risks" for those purchasing other nicotine replacement options, or push them toward black market products instead.
Currently, only one nicotine pouch product, Zonnic, has been authorized for sale by Health Canada. These small bags contain nicotine and are designed for oral use, helping smokers manage cravings and withdrawal symptoms. Health Canada emphasizes that Zonnic is intended as a nicotine replacement therapy.
A legal representative for Mac's and Couche-Tard has refrained from commenting on the ongoing court case. However, Simon Scott, Parkland's vice president of corporate affairs, stated that their stores have a strong history of responsibly selling age-restricted products like alcohol and tobacco. He believes removing nicotine pouches from convenience stores will not prevent youth access but will hinder adult smokers seeking to reduce their tobacco use.
Health Canada did not provide representatives for interviews, citing the complexity of the issue. In August, Federal Health Minister Mark Holland announced the restrictions on Zonnic pouches, citing concerns about recreational use among non-smokers and youth under 18. The new regulations also ban appealing advertising and limit pouch flavors to mint and menthol. Holland indicated that flavors such as berry frost and tropical breeze would no longer be available for sale, aiming to ensure these products are used correctly to help people quit smoking.
Before Holland’s announcement, both Quebec and British Columbia had already restricted Zonnic pouch sales to pharmacies, requiring them to be kept behind the counter. Following the new regulations, Imperial Tobacco criticized the decision as unprecedented and an "extreme abuse of power." Eric Gagnon, the company’s vice president of corporate and regulatory affairs, claimed that the restrictions unfairly single out Zonnic and may push smokers toward illicit online alternatives.
