Giant convenience stores are fighting Health Canada's nicotine pouch rules

Convenience store companies that operate thousands of stores across Canada are suing the federal government to overturn regulations restricting the sale of nicotine pouches to pharmacies.

Mac's Convenience Stores Inc. and Couche-Tard Inc., both subsidiaries of Quebec-based Alimentation Couche-Tard Inc., claim in a federal court filing that Health Canada rules restricting the sale of nicotine pouches to pharmacies are unfair and are unconstitutional.

Parkland Corp., which operates gas station convenience stores under the “On the Run” brand, claims in its own lawsuit that restricting pharmacy sales will increase demand for illegal products “to which youth already have and will continue to have access.” become”. Access through the contraband market.”

Parkland claims illegal nicotine replacement therapy products are “more dangerous than regulated” products and that the regulations will “increase – not reduce – the risk of harm to health.”

Mac and Couche Tard's application makes a similar argument: since the Minister has not banned the sale of the products to minors, the requirement that they be sold in pharmacies will “at best perpetuate the identified risks of harm to health” for those who purchase other forms of nicotine replacement therapy, or it could increase the risks for those who turn to the black market for their product.

Only one nicotine pouch product has been approved for sale by Health Canada: Imperial Tobacco's Zonnic pouches.

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The federal government wants to restrict the sale of nicotine pouches

The sachet is a small sachet that contains nicotine that is used in the mouth, and Health Canada says Zonnic is a form of nicotine replacement therapy that can help a person quit smoking by temporarily relieving cravings and withdrawal symptoms.

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Mac's Convenience Stores and Couche Tard's Montreal-based legal team said their client would not comment on the lawsuit.

Simon Scott, vice president of corporate affairs at Parkland, said in a statement that the company's stores “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. “

Scott said removing cigarettes from convenience stores will not deter teens from accessing them, but rather will “impede access for adult customers trying to reduce their tobacco use.”

Health Canada declined to make anyone available for an interview due to “the complexity of the file.”

Federal Health Minister Mark Holland announced in August that sales of Zonnic pouches would be restricted to pharmacies due to concerns about “recreational use by people who do not smoke, and particularly by young people under 18 years of age.”

The Dutch ministerial regulation also banned advertising “that could appeal to young people” and limited the flavors of nicotine pouches to mint and menthol.

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Holland warns tobacco companies to stay away from children

“Nicotine pouch flavors like Berry Frost or Tropical Breeze are not allowed to be sold anywhere,” Holland said in an interview with The Canadian Press in August. “What I hope is that these products will be used for what they are intended for – helping people quit smoking – and that the explosion of these products that we are seeing in our youth will be nipped in the bud .” ”

Both Quebec and British Columbia restricted the sale of Zonnic sachets before the Dutch order, allowing them to be sold behind the counter only in pharmacies.

In a statement issued after the new restrictions were announced, Imperial Tobacco called the Dutch order “unprecedented.”

Eric Gagnon, the company's vice president of corporate and regulatory affairs, said it was an “extreme abuse of power” to enforce the company's Zonnic bag rules.

“These rules do not apply to other smoking cessation products and singling out Zonnic is a personal attack by Minister Holland on our company and will only make it harder for adult smokers to quit,” Gagnon said.

Gagnon said the new rules would lead to people buying illegal products that are widely available online.

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