South Australia has become the first state in Australia to impose a ban on nicotine pouches, increasing its efforts to combat the illegal tobacco and vape market. Effective immediately, this new law places nicotine pouches under the same restrictions as other prohibited tobacco and e-cigarette products.
The recently introduced legislation by the SA Government equips authorised officers with the authority to seize these pouches and issue fines up to $1.5 million against vendors attempting to sell them.
Nicotine pouches, commonly marketed towards young individuals and often sold in appealing, colourful packaging, contain nicotine, sweeteners, flavourings, and other undisclosed ingredients. These small, pre-filled packets are designed to be placed under the lip, where nicotine is quickly absorbed into the bloodstream. Each pouch contains roughly the same amount of nicotine as one cigarette.
Chris Picton, Minister for Health and Wellbeing, spoke about the preemptive measures saying, “From today, nicotine pouches are banned in South Australia as part of our ongoing fight against the illicit tobacco and vape trade. This is about stopping the next dangerous nicotine trend taking hold of our kids.” Picton highlighted the responsive action by the government, stating, “Big tobacco has been using vapes to try to get kids hooked and their new weapon is nicotine pouches. We won’t allow it.”
Further supporting these sentiments, Andrea Michaels, Minister for Consumer and Business Affairs, noted, “The Malinauskas Government is continuing to do everything it can to stop the sale of illicit tobacco and vapes in South Australia including now banning highly addictive nicotine pouches.”
Building on existing legislation, this new law is the first instance such products have been formally declared prohibited using the government’s declared authority. Additional legislative measures have also been introduced, increasing penalties for various tobacco-related offences and implementing stricter controls, such as a wholesale licence scheme for tobacco and a ‘fit and proper’ person test for licensees.
In July last year, South Australia established a $16 million taskforce within Consumer and Business Services aimed at addressing the illegal tobacco and vape market. Since its inception, the taskforce has already seized over $12 million worth of illicit products.
Marina Bowshall, Chief Executive of Preventive Health SA, said “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.”
The state’s broader campaign against smoking and vaping includes a $2 million advertising initiative running until June 2025, designed to reduce smoking rates and its impacts.
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.
Anyone, including young people, requiring support to quit smoking or vaping are encouraged to reach out to a health professional or call the Quitline on 137848 (13QUIT).
To report an illicit trader, visit the CBS website at www.cbs.sa.gov.au/tobacco.
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