South Australia has drawn a firm line against the rise of nicotine pouches, making it the first state in the country to outlaw the small but potent packets under newly strengthened legislation. This move is part of the government’s broader crackdown on illicit tobacco and vaping products, an industry that has been rapidly evolving to sidestep regulation.
From today, nicotine pouches will face the same restrictions as illegal tobacco and e-cigarettes, meaning they are now prohibited products. Authorised officers have been given the green light to seize them, and those caught selling them could be slapped with fines of up to $1.5 million. The government argues that early intervention is key to preventing widespread addiction, while critics question whether prohibition is the most effective approach.
Nicotine pouches, often marketed in vibrant packaging with novelty flavours, are designed to be tucked under the lip for a fast and direct nicotine hit. Each pouch typically delivers the equivalent nicotine dose of a single cigarette. While they have been pitched as an alternative to smoking and vaping, the lack of clear evidence supporting their effectiveness as quitting aids has raised concerns. Their appeal to younger demographics, particularly through social media marketing, has only intensified calls for regulation. However, some argue that banning them outright may push consumers towards more harmful nicotine products instead.
The government has taken advantage of new legislative powers to declare nicotine pouches a prohibited product, marking the first time this authority has been exercised. This decision follows a string of recent regulatory measures aimed at dismantling the illicit tobacco and vaping trade. These include hefty penalty hikes, bans on vending machine sales of tobacco in public areas, stricter controls on e-cigarettes, and the introduction of a licensing scheme designed to make it harder for black-market operators to thrive. Businesses found guilty of selling tobacco or vaping products without a licence now face fines reaching $1.1 million for repeat offences.
Further steps have been taken to tighten enforcement, including interim and long-term closure measures for businesses found dealing in illegal products. The introduction of a ‘fit and proper’ test for those seeking a licence to sell tobacco is another attempt to drive out bad actors. Since July, authorities have seized more than $12 million worth of illicit tobacco and vapes, and the new ban on nicotine pouches is expected to add to those figures.
The taskforce leading this operation was bolstered by a $16 million investment and is spearheading enforcement efforts across the state. Consumer and Business Services (CBS) will oversee the implementation of the nicotine pouch ban, ensuring that retailers and suppliers comply with the new restrictions. An additional $2 million has been allocated to an advertising campaign running until mid-2025, designed to raise awareness about the dangers of smoking, vaping, and other nicotine products.
Chris Picton, the state’s Health Minister, has been vocal about the need to take firm action. He argues that the tobacco industry has already used vaping as a gateway to nicotine addiction for young people and is now turning to nicotine pouches as the next tool. The government is determined to prevent this from happening and has made it clear that further measures will be introduced if new nicotine products emerge in the future. Picton has also stressed that those caught selling these pouches will face the same severe penalties as those dealing in illicit tobacco and vapes.
Andrea Michaels, Minister for Consumer and Business Affairs, has reinforced this stance, pointing to the increasing frequency with which nicotine pouches are being discovered alongside other illicit products during store raids. The ban, she says, is a necessary extension of the government’s wider efforts to stamp out illegal tobacco sales and protect the community from predatory marketing tactics. Critics, however, warn that such bans may fuel an underground market, making enforcement more difficult in the long run.
Preventive Health SA’s Chief Executive, Marina Bowshall, has echoed these concerns, highlighting the highly addictive nature of nicotine and the importance of preventing young people from getting hooked. She notes that the 2024 legislation provides the flexibility to ban emerging nicotine products before they gain a foothold in the market, ensuring that the government can stay ahead of industry tactics. Some public health experts, however, suggest that regulated access and education may be more effective strategies in the long term.
For those struggling with nicotine addiction, support services remain available. The government is encouraging individuals to seek professional help or contact Quitline for assistance in quitting smoking and vaping. Meanwhile, anyone aware of illegal tobacco or nicotine product sales is being urged to report them via the CBS website.
South Australia’s approach signals a growing willingness to take aggressive action against the tobacco industry’s evolving strategies. Whether other states follow suit remains to be seen, but for now, nicotine pouches have been shut out of the South Australian market. The debate over whether prohibition or regulation is the best way forward continues.
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