Luchan gigantes de tiendas de conveniencia contra normativa de Health Canada sobre bolsas de nicotina

Convenience store companies with a vast network of outlets in Canada are challenging the federal government in court over regulations that 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., have filed an application in Federal Court alleging that Health Canada’s rules limiting the sale of nicotine pouches to pharmacies are unjust and unconstitutional.

In a similar legal move, Parkland Corp., which operates gas station convenience stores under the On the Run brand, has also filed a court application arguing that the restriction to pharmacy-only sales will drive up the demand for illegal products that are already accessible to youth through the contraband market. Parkland warns that illegal nicotine replacement therapy products pose a greater danger than regulated ones, and the new rules could actually increase health risks rather than reduce them.

Mac’s and Couche Tard’s application raises concerns about the minister’s failure to prohibit the sale of these products to minors, suggesting that mandating pharmacy sales may either perpetuate existing health risks for those using other forms of nicotine replacement therapy, or exacerbate the dangers for those turning to the black market for their supplies. It is worth noting that only one nicotine pouch product, Imperial Tobacco’s Zonnic pouches, has received approval for sale by Health Canada.

The Zonnic pouch is a small bag that contains nicotine for oral use, classified as a form of nicotine replacement therapy by Health Canada. The product aims to help individuals quit smoking by temporarily relieving cravings and withdrawal symptoms. Despite the controversy surrounding the new regulations, Mac’s Convenience Stores, Couche Tard, and Parkland Corp. have chosen to keep a low profile regarding the court case.

Simon Scott, Parkland’s vice-president of corporate affairs, emphasized that their stores have a track record of responsibly selling age-restricted products like alcohol, tobacco, and lottery tickets, and nicotine replacement therapies should be treated no differently. Scott argued that removing these products from convenience stores would not prevent youth access but could hinder adult customers who are trying to reduce their tobacco use.

Health Canada declined to comment on the issue, citing the complexity of the matter. In August, Federal Health Minister Mark Holland announced the restriction of Zonnic pouch sales to pharmacies due to concerns about recreational use by non-smokers, particularly youth under 18 years of age. The minister also banned advertising that could appeal to young people and limited nicotine pouch flavors to mint and menthol.

Quebec and British Columbia had already restricted the sales of Zonnic pouches before Holland’s order, allowing sales only at pharmacies and behind the counter. Imperial Tobacco criticized the minister’s decision as unprecedented and an abuse of power, claiming it hindered adult smokers’ efforts to quit and could drive consumers to illicit online sources. Eric Gagnon, the company’s vice-president of corporate and regulatory affairs, condemned the singling out of Zonnic product as a personal attack on the company.

The ongoing legal battle between convenience store chains and the government highlights the complexities surrounding the sale of nicotine pouches and their potential impact on public health. As the debate continues, the implications of these regulations on consumers and the industry remain uncertain. Stay tuned for updates on this developing story.