Mac’s Convenience Stores Inc. and Couche-Tard Inc., both subsidiaries of Quebec-based Alimentation Couche-Tard Inc., have filed an application in Federal Court challenging Health Canada’s regulations that restrict the sale of nicotine pouches to pharmacies. They argue that these rules are unfair and unconstitutional. Similarly, Parkland Corp., which operates gas station convenience stores under the On the Run brand, contends that the pharmacy-only sales requirement will drive demand for illegal products, making them more accessible to youth through the contraband market.
Parkland claims that illegal nicotine replacement products are “more dangerous than regulated” alternatives and that the new rules will ultimately increase health risks rather than decrease them. Mac’s and Couche-Tard make a comparable argument, asserting that since the minister has not banned sales to minors, restricting sales to pharmacies will “at best, perpetuate identified health risks” for those seeking other nicotine replacement therapies, or may exacerbate issues for those turning to the black market.
Currently, only one nicotine pouch product, Imperial Tobacco’s Zonnic, has received approval from Health Canada. Zonnic pouches, which contain nicotine for oral use, are marketed as a form of nicotine replacement therapy intended to help individuals quit smoking by alleviating cravings and withdrawal symptoms. The legal team for Mac’s Convenience Stores and Couche-Tard has opted not to comment further on the case. Simon Scott, Parkland’s vice-president of corporate affairs, stated that their stores have a solid track record of responsibly selling age-restricted items, including alcohol and tobacco, and that nicotine replacement therapies are no different.
Scott emphasized that removing these products from convenience stores won’t prevent youth from accessing them; instead, it will restrict access for adult customers trying to reduce their tobacco use. Health Canada has declined to provide interviews on the matter due to its complexity. In August, Federal Health Minister Mark Holland announced that Zonnic pouches would be limited to pharmacies due to concerns about potential recreational use, particularly among individuals under 18. Holland’s ministerial order also prohibits advertising that might appeal to youth and restricts nicotine pouch flavors to mint and menthol, banning options like berry frost and tropical breeze.
Prior to Holland’s order, both Quebec and British Columbia had already limited the sale of Zonnic pouches to pharmacies, requiring them to be kept behind the counter. Following the announcement of the new restrictions, Imperial Tobacco criticized Holland’s order as “unprecedented.” Eric Gagnon, the company’s vice-president of corporate and regulatory affairs, described the rules as an “extreme abuse of power” that unfairly targets Zonnic. He warned that these regulations could hinder adult smokers’ ability to quit and may push consumers towards illicit products readily available online.
