Parent Companies of Couche Tard Challenge Health Canada’s Nicotine Pouch Rules with a Proposed Alternative
Convenience store companies operating numerous outlets across Canada are challenging federal government regulations in court. These regulations restrict 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., argue in an application filed in Federal Court that Health Canada’s limitations on the sale of nicotine pouches are unjust and unconstitutional. Parkland Corp., which runs gas station convenience stores under the On the Run brand, also filed a court application claiming that restricting sales to pharmacies will lead to an increased demand for illegal products, which are already accessible to youth through the black market. Parkland asserts that these illegal nicotine products pose a greater danger compared to regulated products. Mac’s and Couche Tard’s application makes a similar argument, stating that the absence of a ban on sales to minors coupled with the mandate for pharmacy-only sales may exacerbate health risks for individuals seeking nicotine replacement therapy, potentially driving them to seek products from the black market.
Health Canada has only approved one nicotine pouch product for sale, which is Imperial Tobacco’s Zonnic pouches.
Mac’s Convenience Stores and Couche Tard’s legal team based in Montreal declined to comment on the ongoing court case. Simon Scott, vice-president of corporate affairs at Parkland, stated that the company’s stores have a proven record of responsibly selling age-restricted products and believes nicotine replacement therapies should be treated the same. Scott argues that restricting access at convenience stores will not deter youth from obtaining these products and will only impede adult customers trying to reduce tobacco usage.
Health Canada chose not to provide interviews due to the complexity of the situation. In August, Federal Health Minister Mark Holland announced the restriction of Zonnic pouch sales to pharmacies, citing concerns over potential recreational use by non-smokers, particularly youth under 18 years old. Holland’s directive also prohibited marketing appealing to youth and limited pouch flavors to mint and menthol.
Quebec and British Columbia had already restricted Zonnic pouch sales before Holland’s order, limiting sales to pharmacies behind the counter. Imperial Tobacco released a statement condemning Holland’s order as “unprecedented,” arguing that it unfairly targeted their Zonnic pouches. The company’s vice-president of corporate and regulatory affairs, Eric Gagnon, criticized the rules, stating they create obstacles for adult smokers attempting to quit and may drive them towards illicit online products.
