E-cigarette flavors banned in Canada

Time： 2023-04-20

Today, the Quebec government published the Official Gazette of Quebec proposing a ban on flavored nicotine vaping products other than tobacco flavors. The bulle...

Today, the Quebec government published the Official Gazette of Quebec proposing a ban on flavored nicotine vaping products other than tobacco flavors.

The bulletin also recommends a volume limit of 2 mL for prefilled devices and 30 mL for refill containers.

Additionally, the draft regulations would limit nicotine concentrations to 20 mg/mL and ban the use of any form, appearance or function that might appeal to minors, both of which are already regulated by the federal government.

The Canadian Vaping Association (CVA) is unhappy with the proposed regulations, with the association and industry advocates clearly outlining the negative impact of such a policy on the Quebec government. E-cigarettes have been shown to be far less harmful than smoking and there is substantial evidence in jurisdictions that have implemented flavor bans that the public health impact is negative as many e-cigarette users will return to smoking and less Those who will switch to e-cigarettes.

Additionally, in the proposed regulations, the Quebec government recognizes that specialty vaping stores will close and lay off workers, while convenience stores selling tobacco companies' own brands will have less of an impact on sales.

The CVA believes that the Quebec government does not fully understand the scope of the expected economic impact. Canada has already seen through Nova Scotia, where specialty industries were hit hard within 90 days of the flavor ban. Quebec will experience thousands of business closures, job losses, breakdown of lease agreements and termination of contracts with third-party suppliers.

“Ironically, Quebec began this regulatory process because of a news report that vape shops were enticing young people to vape by selling candy. The net effect of the proposed regulations is to undermine Quebec’s only age-restricted access Point. If the flavor ban is implemented, vaping products in Quebec will only be legally sold through the convenience store channel along with candy,” said Darryl Tempest, government relations advisor to the CVA Council.

In the proposed regulations, the Quebec government did not say it had considered the public health impact or the regulatory alignment with federal health goals. The premise that fragrance bans are proposed to protect young people is flawed in two ways.

First, since 2020, Quebec has had no publicly available data on youth vaping rates. The rule was based on data from three years ago, and addiction experts say they believe teen vaping rates have plateaued and are declining.

Second, alcohol-free policies like Prohibition actually weaken protections for young people. The lack of legal and regulated markets has opened the floodgates for illegal markets to fill demand. A thriving black market has made it easier to reach young people as illicit sellers do not verify age and sell products that do not meet Canadian regulatory standards. The Contraband Market will offer high-nicotine and youth-appealing products that are prohibited from being sold in the regulated market.

In the meantime, there exists an alternative that better protects everyone: prohibit the sale of flavors at any point of sale within the reach of teens, but allow flavors to be sold in tightly controlled, adults-only vape shops.

In Ontario and British Columbia, the solution effectively protects youth while balancing access for adults. Unfortunately, Quebec has chosen to abandon this practical solution in favor of an ineffective ban.

"Quebec's decision to ban flavors is a major victory for tobacco companies, out-of-province suppliers and sellers of contraband. What Quebec is doing is shifting demand to tobacco-owned products, retailers and criminals outside of Quebec. Small businesses and domestic industry in Quebec will be irreparably damaged in favor of multinational corporations," Tempest said.

Quebec's spice ban violates the constitutional right of vulnerable Quebecers to access effective harm-reducing products that are critical to enabling them to fight and manage drug addiction. CVA is well prepared to support constitutional challenges to the regulations and fight for the right to safer alternatives to smoking.

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