Guide to the Supplementary Rules Respecting Nicotine Replacement Therapies Order: Place of Sale

On this page

• Overview
• Retail Sale
• Distributors and Wholesalers
• Consumers

Overview

Certain new and emerging NRT dosage forms on the Canadian market have caused concerns related to inappropriate access and use by young people. To help address issues related to inappropriate access to these products, new place of sale restrictions have been introduced to prohibit direct public access to NRTs with a limited history of appropriate use in Canada.

The List of Nicotine Replacement Therapy Dosage Forms that may be Accessible for Self-selection by Purchasers or Consumers (the List) is a document incorporated by reference into the Order that sets out the NRT dosage forms that can be sold on a retail basis in self-selection areas.

Retail Sale

General Retail

Only NRTs in the approved dosage forms on the List are allowed to be sold at retail. This means that only these specific NRTs can be placed in self-selection areas across various retail settings, where a purchaser or consumer can directly access the product. For example, NRTs in dosage forms on the List can be sold in retail locations such as convenience stores, pharmacies, or gas stations, as well as through online retailers. Refer to the List for more information on these NRT dosage forms.

NRTs in dosage forms not on the List may not be sold on a retail basis, with certain exceptions. For more information on where these NRTs may be sold, see the section below on Pharmacies.

Pharmacies

If you are a pharmacist or person working under the supervision of a pharmacist, you may sell an NRT in a dosage form that is not on the List provided it is placed in a location where it is not accessible to the public for self-selection (e.g., behind the counter).

Such NRTs may also be sold from a remote dispensing location, where:

• the pharmacist or a person working under the supervision of the pharmacist is physically present in either the remote dispensing location or in the pharmacy that operates the remote dispensing location; or
• a pharmacy sells them online—but only where the pharmacist or a person working under the supervision of the pharmacist intervenes in that sale. For example, such an NRT could be added to an online shopping cart/basket but could not be purchased without a secondary verification step performed by a pharmacist.

Further, you may only sell NRTs in dosage forms that are not on the List if they have a flavour that is mint, menthol, or a combination of mint and menthol.

Labelling – Retail Sale and Sale to Manufacturer or Distributor

Only NRTs that are packaged and labelled in accordance with the Order are permitted to be sold, unless the sale is to a manufacturer or distributor.

You may continue to sell certain marketed NRTs even if they do not comply with the packaging and labelling requirements set out in the Order. For more information on which products can continue to be sold, refer to the Implementation section.

Distributors and Wholesalers

You may not sell an NRT in a dosage form that is not on the List to anyone, other than a pharmacist, for further sale in a retail setting by that other person.

For example, NRTs in dosage forms not on the List must not be sold to persons for further sale in a convenience store.

Consumers

You will continue to have direct access to NRTs in dosage forms on the List in all current retail settings, including online.

If you plan to use an NRT that is in a new or emerging dosage form not on the List, such as a nicotine pouch or rapid disintegration nicotine tablet, you can visit a pharmacy and consult a pharmacist or person working under their supervision to purchase these products. These products may also be available online at pharmacy websites, with pharmacist intervention.

Do not buy or use unlicensed nicotine products. These products have not been assessed by Health Canada for safety, efficacy and quality and should not be used. They may, for example, contain ingredients not listed on the product label, which increases the risk of serious adverse or allergic reactions, or interactions with other medications and foods.

To be legally sold in Canada, NRTs, like all natural health products (NHPs), need to be licensed by Health Canada. NRTs licensed as NHPs must have an 8-digit NPN on the label. For more information on licensed NHP NRTs, refer to the Licensed Natural Health Product Database.