South Australia has become the first state in the nation to ban highly addictive nicotine pouches under tough new legislation as part of the state government’s crackdown on the illegal tobacco and vape market.

From today, nicotine pouches – which are sold as an alternative to vapes and tobacco – are subject to the same controls as illicit tobacco and e-cigarette products.

The state government is taking preventive action early to stop the next dangerous nicotine trend from taking hold in our community.

It means nicotine pouches are now prohibited products and authorised officers can now seize them and 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.

The state government has banned the novel devices under new tobacco and e-cigarette legislation. This authority allows the state 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.

Since July, 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.

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.