OTTAWA — A nicotine users’ rights group is calling on Ottawa to loosen restrictions on nicotine pouches, after uncovering a booming illicit market in a cross-country road trip.
Members of Rights 4 Vapers purchased 148 illegal nicotine products from 42 retailers during a nine-day summer tour of five provinces, starting in Montreal and ending in Edmonton.
Founder Maria Papaioannoy said this haul would have been much bigger if the group didn’t exhaust its budget.
“We saw thousands of illegal products available,” said Papaioannoy.
Papaioannou said the Liberal government has fueled a massive black market for nicotine pouches by approving only one brand, Zonnic, for use in Canada and restricting its sale to behind-the-counter at pharmacies. The government also limited potency to 4 mg or less and prohibited flavours other than mint and menthol.
A 2024 ministerial order regulating nicotine pouches sought to keep them out of the hands of young people.
Papaioannou says the opposite has happened.
“They created a poorly thought-out, reactive regulation that was based entirely on fear. And how has it worked out for them? They’ve created one of the largest black markets in the country with pouches (and) all safer nicotine products.”
Papaioannou says she was struck by the number of youth-targeted nicotine products she saw, including those with candy-style flavours such as gummy bear, Skittles and cotton candy.
The illicit pouches, several of which were obviously counterfeit, came in concentrations as high as 50 mgs.
Papaioannou, 53, had an especially eye-opening experience when a retailer in Saskatchewan declined to sell her barely hidden contraband pouches.
“I could clearly see them behind the curtain,” said Papaioannou.
She then sent in her videographer, who was 30, and he had no trouble buying illegal nicotine pouches from the same retailer.
“Even though they wouldn’t sell to me, the younger guy was able to buy stuff there left right and centre,” said Papaioannou.
“It’s almost like the illicit market is the opposite of the legal mark: the older you are, the harder it is to get them,” said Papaioannou.
Papaioannou also noticed that pharmacies were a lot harder to find than convenience stores and vape shops in the rural and remote areas she travelled through. She said this disparity means fewer safe nicotine options for some Canadians than others.
“We’re saying to these places, you can sell cigarettes, you can sell booze but you can’t sell people harm reduction products,” said Papaioannou.
“People across Canada use nicotine pouches to help them quit or reduce smoking,” said Papaioannou. “These need to be available anywhere people buy cigarettes or other nicotine products.”
Popular nicotine pouches like Zyn have become a political flashpoint in recent years . The Conservative party promised during last year’s election to “free the Zyn” by legalizing the sale of nicotine pouches at stores.
Ontario MP Jamil Jivani has been an especially visible advocate of loosening restrictions, notably signing Zyn cannisters during a recent tour of college campuses.
Papaioannou says she’s ambivalent about the culture war framing that Jivani and other prominent conservatives have given nicotine pouches.
“I just wish that when (Jivani) is autographing the Zyn tins, he says, ‘you know what, these are illegal products, but here’s what you can do to speak up to government,’ said Papaioannou.
Jivani’s office could not be reached for comment.
David Clement, policy director at the Consumer Choice Centre, said that Health Canada should follow the lead of the U.S. Food and Drug Administration in approving a reasonable variety of adult-focused nicotine pouches .
“I think the FDA has struck the right balance of permitting a wide range of flavours and concentrations, but also flavours that don’t fall into the category of obviously being attractive to young people, because that’s a serious consideration,” said Clement.
Health Canada denies that the 2024 ministerial order has contributed to the growth of the black market for nicotine pouches.
“To date, there is no evidence that the 2024 place‑of‑sale restrictions have contributed to increased illicit market activity or diversion of authorized products. Current illicit sales appear to be driven primarily by unauthorized products approved as recreational items in other jurisdictions and by illegal cross‑border importation,” said Health Canada spokesperson Karine LeBlanc in a statement.
National Post
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