The recent Liberal regulation that bans the sale of nicotine pouches in convenience stores—where cigarettes and alcohol are still available—is now facing two lawsuits challenging both the constitutionality and the safety implications of this ban.
The development comes after Federal Health Minister Mark Holland announced in August that he was banning the sale of nicotine pouches from convenience stores and restricting them to pharmacies.
Holland said the ban was meant to protect youth, ignoring that they often already have easy access to higher harm substitutes like vaping and contraband tobacco.
First lawsuit lands
The first lawsuit comes from Parkland Corp., which operates the popular On the Run convenience stores across Canada. Contrary to Holland’s claims, their lawsuit alleges that the nicotine pouch ban will result in more Canadians resorting to alternative, illegal products that are “more dangerous than regulated.”
They also argue that the ban will limit access for adult customers trying to reduce their tobacco use. For individuals struggling to quit smoking, the absence of safer, tobacco-free alternatives like nicotine pouches increases the likelihood of relapse, as they may turn to cigarettes when facing cravings.
In a statement, Parkland’s vice-president of corporate affairs, Simon Scott, said that his 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.”
Circle-K
The second lawsuit is from Mac’s Convenience Stores Inc. and Couche-Tard Inc. which operate thousands of stores across Canada, including Circle-K.
Similarly, their lawsuit alleges that the ban will result in the same identified-health risks for those who resort to alternative forms of nicotine replacement, such as nicotine gum, which remain in convenience stores.
They also suggest the ban will lead to increased black market sales, such as Canada’s surging contraband tobacco problem.
“The height of hypocrisy”
Instead of implementing age-restriction regulations, the Liberals have limited nicotine pouches to pharmacies, where youth can still access the products.
And despite his strong opposition to nicotine pouches, Minister Holland has promoted “safe supply” programs that legalize the distribution and use of substances like fentanyl and heroin.
To this, Conservative MP Stephen Ellis has condemned federal Liberals’ new regulation, stating that the Liberals’ ban on the products is “the height of hypocrisy.”
A 2023 National Youth Tobacco Survey from the US found that only 1.5 percent of students indicated that they used nicotine pouches, where products like smokeless Zyn pouches are sold in convenience stores.
