Convenience store chains, including Couche-Tard, are challenging new federal measures limiting the sale of new nicotine replacement therapies in court.
Couche-Tard and Mac’s Convenience Stores, both owned by Alimentation Couche-Tard, argue in documents submitted to the Federal Court that Health Canada’s new rules for nicotine replacement therapies are unfair and unconstitutional.
Parkland Corp, which manages the On the Run banner, is also challenging these new measures in Federal Court.
According to these companies, the measures announced in August by Health Canada will force consumers, particularly young people, to turn to the black market. They mentioned that contraband nicotine sachets are available on the internet and elsewhere.
Health Canada requires that these products, such as nicotine pouches, be sold only by a pharmacist or a person working under the supervision of a pharmacist, and that they be kept behind the pharmacy counter.
The government prohibits advertising or promotion, including labeling and packaging, that may attract young people. Only mint and menthol flavors are permitted.
Federal Health Minister Mark Holland announced the new rules in August, stressing that the use of these sachets by non-smokers and people under the age of 18 raised concerns.
Only one product has been approved by Health Canada: the Zonnic nicotine sachet from Imperial Tobacco.
British Columbia and Quebec had already ordered that these products be sold only in pharmacies.
Imperial Tobacco accused Minister Holland of “exercising an unprecedented abuse of power by unilaterally imposing new regulations”.