With the passing of Bill S-5 (“An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts”) the vaping landscape in Canada has changed in a major way. At its core, the Bill establishes a nationalized approach to regulation that places vaping products through the Tobacco and Vaping Products Act (TVPA).
The TVPA is a monumental legislation for the Canadian vape industry, as it recognizes vaping products at the federal level. Prior to this, these products were regulated under the Food and Drugs Act and generally required premarket approval. This new approach modernizes Canada’s approach towards vapes and e-cigarettes and manages to strike a balance between restricting minors from accessing these products, while also allowing adult smokers an alternative to traditional tobacco products.
While vaping products in Canada are permitted under the TVPA, they will be subject to substantial regulation to address the concerns surrounding these products. These regulations generally focus on retailers and distributors, and address manufacturing, sale, labelling, and promotion. The regulations, as stipulated by the TVPA, will:
- Largely apply existing tobacco regulations to vaping products
- Prohibit the sale of vaping products to minors
- Place Heavy restrictions on advertising and promotion of vape products by restricting lifestyle advertising, use of testimonials, and related claims
- Restrict the promotion of certain flavors — especially those that may allegedly appeal to minors, e.g., desert flavors
- Empower Health Canada to implement regulations, including plain and standardized tobacco packaging.
These stipulations are key for both consumers and retailers, and ensure that minors are protected, without sacrificing the ability of adults to obtain vapes and e-liquid. Non-nicotine devices and e-liquids are not exempt from these regulations and are still considered tobacco products under Canadian legislation.
Another big part of Vaping Regulations in Canada centers around the way in which these products are marketed. Prior to legislation, e-cigarettes, vapes, and e-liquids could be marketed as smoking cessation devices, but now they can only be mentioned as an alternative to traditional tobacco.
Ontario is currently the only province that allows convenience stores, gas stations, and other retailers to promote e-cigarette products, as long as the promotions adhere to federal law. This is a big step for Ontario, as it allows store owners to carry vaping products, regardless of their status as a vape shop or not. Consumers will also benefit from this, because of the increased market availability of vapes and e-liquids.
Marketing and availability is definitely a good thing for retailers and consumers, but the TVPA also includes another element that will be sure to appeal to all vapers. Thanks to the TVPA, US-based e-juice manufacturers can now import commercial goods into Canada in a more streamlined way.
Ultimately, the new and modernized e-cigarette regulations in Canada benefit all vapers and owners of vape companies. Shops like 180 Smoke will be able to better serve customers, while still maintaining a focus on wellness and providing a viable alternative to traditional tobacco. The regulations also allow for vape shops to continue educating customers and ensure they are not left wondering how do vaporizers work.
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