The Controversy of ZONNIC Canada: Flavored Nicotine Pouches and the Sale to Children

November 27, 2023 —The recent approval of flavored nicotine pouches by Health Canada has sparked controversy and raised concerns among health organizations and the general public. Imperial Tobacco Canada Ltd., a subsidiary of British American Tobacco, has been granted permission to sell and promote ZONNIC, a nicotine replacement therapy (NRT) product, in Canada.

While Imperial Tobacco claims that ZONNIC is intended to help adult smokers quit, health organizations argue that its sale poses a threat to children and youth. This post delves into the controversy surrounding ZONNIC in Canada, examining the perspectives of both health organizations and Imperial Tobacco.

The Approval and Marketing of ZONNIC

On July 18, 2023, Health Canada authorized the sale of ZONNIC nicotine pouches as an NRT product under the Natural Health Product Regulations. This authorization allows Imperial Tobacco Canada to market and promote ZONNIC in a manner similar to other smoking cessation products. However, health organizations are alarmed by the fact that these flavored nicotine pouches can be legally sold to children of any age.

Imperial Tobacco is aggressively marketing ZONNIC through various channels, including convenience stores, gas stations, social media, lifestyle advertising, and even in-store promotions near candy and chocolate bars.

Health Organizations’ Concerns and Call for Action

A coalition of health organizations, including Action on Smoking and Health, Canadian Cancer Society, Canadian Lung Association, Coalition québécoise pour le contrôle du tabac, Heart & Stroke, and Physicians for a Smoke-Free Canada, has expressed deep concerns about the approval and marketing of ZONNIC.

They argue that the lack of adequate regulatory protections and the appeal of flavored nicotine pouches to youth pose a significant risk of nicotine addiction among young Canadians.

The health organizations are urging the Health Ministers to reclassify nicotine pouches as a prescription product or suspend their sale until regulatory gaps are addressed. They also call for a temporary moratorium on approving any more nicotine pouch products.

Imperial Tobacco’s Perspective

Imperial Tobacco Canada (revenue $210.9M) defends the sale of ZONNIC and emphasizes that it is not a tobacco product but an NRT designed to help adult smokers quit. The company asserts that ZONNIC is regulated, licensed, and advertised in the same manner as other smoking cessation products on the market.

Imperial Tobacco states that they have implemented measures to prevent youth access, including age verification requirements and selling ZONNIC behind the counter. They argue that introducing appealing products for adult smokers is essential to reduce the health risks associated with tobacco products and that health groups should collaborate rather than obstruct such efforts.

Imperial Tobacco Canada – History of Lawsuits

Imperial Tobacco was the first Canadian cigarette manufacturer to be successfully sued by a governmental entity in Canada. The province of British Columbia’s lawsuit against Imperial was upheld by the Supreme Court of Canada in the landmark case British Columbia v. Imperial Tobacco Canada Limited, [2005] 2 S.C.R. 473, 2005 SCC 49. The Supreme Court ruled that the provincial Tobacco Damages and Health Care Costs Recovery Act, which allowed the government to sue tobacco companies, was constitutionally valid.

On June 1, 2015, the Quebec Superior Court ruled against Imperial Tobacco Canada, JTI-Macdonald, and RBH in two Quebec class action suits. The judgment against Imperial Tobacco was in excess of $10 billion – the highest tobacco judgement in Canadian history. The court found that Imperial failed in its duty of care to Quebec consumers prior to 1998. The court required a $1 billion payment to the plaintiffs within 60 days, regardless of appeal. – Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2774364/

The Impact on Youth

Health organizations express grave concerns about the impact of flavored nicotine pouches on youth. They argue that the attractive flavors, colorful packaging, and resemblance to candy make these products appealing to young individuals.

The fear is that the availability and aggressive marketing of ZONNIC will lead to increased nicotine addiction among youth, undoing the progress made in reducing smoking rates. Health organizations point out that there is no evidence of youth becoming addicted to nicotine through the use of nicotine patches or gum, highlighting the unique risks associated with flavored nicotine pouches.

Regulatory Measures and Alternatives

To address the controversy and protect public health, health organizations propose regulatory measures such as reclassifying nicotine pouches as prescription products or suspending their sale until regulatory gaps are closed. By doing so, they aim to ensure that these products are only accessible to adults seeking smoking cessation assistance.

They also advocate for stricter implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control, which protects health policies from commercial and vested interests of the tobacco industry.

Imperial Tobacco’s Commitment to Smoking Cessation

Imperial Tobacco Canada emphasizes its commitment to smoking cessation and reducing smoking rates. They view ZONNIC as a valuable tool in helping adult smokers quit and align with Health Canada’s goal of reducing smoking rates below five percent by 2035.

Imperial Tobacco believes that collaboration between governments, health organizations, and the industry is crucial to bringing effective solutions to the market. They invite open discussions to find common ground and achieve impactful outcomes in the journey towards a smoke-free future.

The Major Concern – Marketing Nicotine to Children

The controversy surrounding the sale of flavored nicotine pouches, particularly ZONNIC, to children in Canada highlights the divergent perspectives of health organizations and Imperial Tobacco.

While health organizations express concerns about the potential harm to youth and call for regulatory actions, Imperial Tobacco defends the sale of ZONNIC as an adult-focused smoking cessation product. The clash between public health objectives and the interests of the tobacco industry underscores the need for continued dialogue and collaboration to find effective solutions and protect the well-being of Canadians.

Sources:

https://cancer.ca/en/about-us/media-releases/2023/nicotine-pouches-legal-for-children

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2774364/

https://en.m.wikipedia.org/wiki/Imperial_Tobacco_Canada