The retail sale of nicotine pouches is prohibited nationally.

Under Australian law, nicotine pouches are therapeutic goods. To be lawfully supplied in Australia, nicotine pouches must be included in the ARTG or have an authority or approval under the Therapeutic Goods Act 1989.

To date, no nicotine pouch has been included in the ARTG or received an authority or approval. This means nicotine pouches cannot be lawfully sold to consumers by Australian retailers.

A TGA approval or authority to supply goods of this nature would be conditional on the product being sold in pharmacy settings.

Tobacconists, convenience stores and other retailers cannot sell these goods to consumers.

Applicable penalties under the Therapeutic Goods Act 1989 for advertising and supply offences include imprisonment for up to 5 years or up to 4,000 penalty units or both, depending on the circumstances, and for corresponding civil penalties, up to 5,000 penalty units for an individual or 50,000 penalty units for a company. Further sanctions under state and territory medicines and poisons laws may also apply.

More information on the rollout of reforms to vape regulation in Australia is available on the Vaping hub, or contact MGAIBA on free call 1800 888 479 or email admin@mgaiba.org.au