New laws to restrict sale and use of nicotine pouches
South Australia has introduced new legislation banning nicotine pouches as part of an ongoing crackdown on the illegal vape and tobacco market. These pouches, often sold as an alternative to e-cigarettes (or vapes) and tobacco, are now subject to the same stringent controls as illicit tobacco and e-cigarette products. They are prohibited, and authorised officers can enforce penalties and seize them.
Nicotine pouches are small, pre-filled bags, containing various ingredients such as nicotine, sweeteners and flavouring – often not on the label. Designed to be tucked under the lip, the pouches facilitate fast delivery of nicotine into the bloodstream with the amount of nicotine in one pouch typically the same as one tobacco cigarette. These pouches come in a range of novelty flavours and are often packaged in colourful branding.
Alarmingly, they are 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.
“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”
- Marina Bowshall, Preventive Health SA Chief Executive
The State Government has banned novel devices under new tobacco and e-cigarette legislation. The government has issued a formal declaration that such a product is prohibited, and this is the first time a declaration has been used under this new legislation.
“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."
Other legislative changes recently introduced against the illicit tobacco and vape market in 2024 include:
- 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 wholesaler licence scheme to create a further barrier to the sale and supply of illicit products
- the establishment of a process to assess whether a person is ‘fit and proper’ to hold a licence
- the introduction of interim and long-term closure arrangements as a mechanism to enforce business closures for 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.
Since July, more than $12 million worth of illicit tobacco and vapes has been seized.
The enforcement of the nicotine pouches ban will be implemented by Consumer and Business Services, as part of its ongoing operations to block illicit tobacco from being sold.
Preventive Health SA has also allocated $2 million supporting an advertising campaign running to June 2025 aimed at reducing smoking and vaping and their impact on the community.
If you or someone you know needs help to quit smoking or vaping, please reach out to a health professional or call the Quitline on 137848 (13QUIT).
To report an illicit trader, visit the CBS website.
