According to a report by Global News on October 5th, operators of thousands of convenience stores in Canada are suing the federal government in court to overturn the regulation limiting the sale of nicotine pouches to pharmacies only.
Mac's Convenience Stores Inc. and Couche-Tard Inc., both subsidiaries of Alimentation Couche-Tard Inc. headquartered in Quebec, have filed an application to the Federal Court claiming that Health Canada's restrictive regulations are unfair and unconstitutional.
Convenience store chain On the Run, owned by Parkland, has also filed an application with the court, stating that these restrictions on products sold only in pharmacies will increase the demand for young people to obtain products from illegal channels, as "they are already able to obtain these products through the black market.
Parkland believes that illegal nicotine replacement therapy products are "more dangerous" than regulated products, and that these regulations will "increase rather than decrease health risks.
Mac and Couche Tard also made similar arguments, stating that by not prohibiting the sale of these products to minors, restricting them to being sold in pharmacies "at most only maintains existing health risks," or may even increase the risks for those who turn to the black market to purchase them.
Simon Scott, Vice President of Corporate Affairs at Parkland, stated that the company's convenience stores have a "strong track record" when it comes to safely selling age-restricted products such as alcohol, tobacco, and lottery tickets. He argued that removing tobacco products from the convenience stores would not prevent youth from accessing them, but rather hinder adult customers who are trying to reduce their tobacco use.
The Canadian Department of Health declined to be interviewed due to the complexity of the case.
In August, the Canadian Department of Health announced new regulations that limit the sale of nicotine pouches to pharmacies only. This announcement has impacted the sales of ZONNIC, a nicotine pouch brand owned by Imperial Tobacco Canada (ITCAN), in convenience stores.
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