SOUTH AUSTRALIA
South Australia has become the first state in Australia to ban highly addictive nicotine pouches under tough new legislation as part of a crackdown on the illegal tobacco and vape market.
Nicotine pouches – which are sold as an alternative to vapes and tobacco – are now subject to the same controls as illicit tobacco and e-cigarette products in South Australia.
It means the pouches, which are now prohibited products, can be seized by authorised officers who can enforce fines of up to $1.5 million against those selling them.
The pouches are small, pre-filled bags containing various ingredients that are often not on the label, such as nicotine, sweeteners and flavouring. Designed to be tucked under the lip, the pouches facilitate fast delivery of nicotine into the blood stream with the amount of nicotine in one pouch typically the same as one tobacco cigarette.
Nicotine pouches are available in a range of novelty flavours and are often packaged in colourful branding. Alarmingly, they are commonly marketed towards children and young people via social media and can also be promoted as quitting aids for smoking and vaping, despite a lack of evidence supporting their use.
“This is about stopping the next dangerous nicotine trend taking hold of our kids,” said South Australian Health Minister, Chris Picton.
“Big tobacco has been using vapes to try to get kids hooked and their new weapon is nicotine pouches. We won’t allow it.
“We’re not going to let them use other new products like nicotine pouches to get kids addicted. And we will take further action if we see more emerging products coming on the market.
“Those caught selling nicotine pouches now face huge fines, just like with vapes and illegal tobacco. We are going after the criminals who target our kids with these highly addictive products full of nasty chemicals,” he said.
The SA Government has banned the novel devices under new tobacco and e-cigarette legislation. This authority allows the Government to issue a formal declaration that such a product is prohibited, and this is the first time a declaration has been used under this new legislation.
It follows other legislative changes recently introduced against the illicit tobacco and vape market including:
- An increase in penalties – up to $1.5 million for some breaches.
- A ban on vending machine sales of tobacco products in public areas.
- A ban on the supply of therapeutic e-cigarettes (or vapes) to any person under 18.
- The introduction of a tobacco wholesale licence scheme to create a further barrier to the sale and supply of illicit products.
- The establishment of a process for determining that a person is ‘fit and proper’ to hold a licence to sell or supply tobacco products.
- The introduction of interim and long-term closure arrangements as a mechanism for enforcing business closures in cases involving illegal tobacco and e-cigarette sales.
As part of the new legislation, the penalties for body corporates include:
- Advertising tobacco products – increase from $10,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
- Selling without a licence – increase from $20,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
- Sales to a minor – up to $1 million for a first offence and $1.5 million for subsequent offences (up from $20,000 and $40,000).
- Sales of illicit tobacco or possession for the purpose of sale – increase from $50,000 to $750,000 (first offence) or $1.1 million for subsequent offences.
- New offences for the sale or possession for the purpose of sale of e-cigarettes or other prohibited products up to $750,000 for the first offence and $1.1 million for subsequent offences.
The State Government has been spearheading the fight against illegal tobacco and vapes, and their criminal enterprises, with a $16 million dedicated taskforce within Consumer and Business Services (CBS) coming into force on 1 July 2024.
“Nicotine is a dangerous and highly addictive chemical, so it is important that we act now to prevent the illegal sale of nicotine pouches which are often marketed towards children and young people,” said Preventive Health SA Chief Executive, Marina Bowshall.
“In a future proofing step, the laws that passed parliament in 2024 enable the banning of any new novel nicotine products that may emerge in the future.”
Since July last year, more than $12 million worth of illicit tobacco and vapes has been seized.
The enforcement of the nicotine pouches ban will sit with CBS as part of its ongoing operations to block illicit tobacco from being sold.
A further $2 million is also supporting an advertising campaign running to June 2025 aimed at reducing smoking and vaping and its impact on the community.
