Health Canada’s federal plan to prevent youth from accessing tobacco tar products through new regulations is feared by the Association of Convenience Stores to increase illegal distribution channels and threaten the survival of small businesses.
Convenience Stores Call for Provincial Opposition
The Convenience Industry Council of Canada (CICC) called on the Newfoundland and Labrador government to oppose the proposed federal laws and regulations, which could lead to the removal of nicotine replacement therapies, such as nicotine pouches, from convenience stores, the CBC reported on July 8th.
The organization says it would hurt retailers if the federal government mandated that tobacco tar products could only be sold behind the counter in pharmacies.
Provincial Implementation and Federal Goals
British Columbia and Quebec have already implemented this law and regulation, which is up to the provinces to decide. Federal Health Minister Mark Holland has expressed hope that the rest of the country will follow suit.
Matthew Kronberg, spokesperson for the federal health minister, said in an emailed statement to CBC News that Parliament recently passed amendments to the Food and Drugs Act allowing Health Canada to “quickly improve laws and regulations” to help youth avoid access to tobacco tar products.
Kronberg added that Health Canada is currently consulting stakeholders on the proposed measures.
Academic Perspective on Nicotine Pouch Sales
Leslie Phillips, a professor in the Faculty of Pharmacy at Memorial University, said she’s somewhat divided about putting nicotine pouches behind pharmacy counters but doesn’t think they should be sold in convenience stores.
“Both the Retailers Association and the Convenience Store Association have strong support from the cigarette giants. They are interested in this issue. Their associations get funding and they get funding by selling these types of products.”
She added, “They, like the cigarette giants, care about money, not your health.”
Convenience Store Association Defends Its Role
Mike Hammoud, CICC Atlantic Chapter Vice President, said convenience stores are not to blame for these products getting into the hands of teens.
“Everyone can say we’re a problem and we need to move these products out of convenience stores and into other places. That argument hurts us. We have confirmed many times that we are responsible for selling beer, cigarettes, and e-cigarette brands. How can we not be responsible for selling nicotine pouches?”
Provincial Response and Legislative Review
The Newfoundland and Labrador Department of Health declined CBC’s request for a news interview but provided a written statement through spokesperson Jennifer Konieczny.
The statement noted that the province has seen an increase in youth tobacco tar use.
Based on the results of a public consultation launched on May 30, Konieczny said legislative adjustments will be made.
Current Regulations on Nicotine Pouches in Canada
Currently, the only nicotine pouch legally sold in Canada is Zonnic. Because nicotine pouches are authorized under Health Canada’s Natural Health Products Regulations, there are no federal restrictions on advertising or age of purchase for Zonnic.
However, in Newfoundland and Labrador, CICC member convenience stores and major chains enforce an age requirement of 19 or older. Hammoud said the CICC had previously lobbied the federal government to impose the age limit when the products were first licensed.
Health Canada’s Broader Tobacco Control Agenda
In a statement released in March, Minister Holland said Health Canada is “looking for legislation and a regulatory system” to limit youth access to tobacco tar products by restricting advertisements, flavors, and “where they can be sold.”
Hammoud said the CICC has no problem with banning certain flavors or marketing methods, but removing nicotine substitutes from convenience stores could have unintended consequences.
He warned that nicotine pouches, which contain high nicotine content, can be easily purchased illegally online. Restricting legal sales could push consumers toward unregulated, illegal alternatives.
Public Health Advocates Support Pharmacy-Only Sales
Professor Phillips noted that if federal laws require all nicotine and tobacco tar products to be sold behind pharmacy counters, it could create unnecessary barriers for adults trying to quit smoking.
However, Kevin Coady, executive director of the Alliance for Tobacco Control, argues that if the products are meant to help people quit, they should be sold in pharmacies where buyers can receive advice and support from trained staff.
Coady also noted that about 40 percent of youth in Newfoundland and Labrador report trying or using vapes, emphasizing the need for stronger federal restrictions before nicotine pouches become as popular among youth as vaping.
