A draft regulation aimed at limiting flavors in vaping products, announced in June 2021, is slow to see the light of day because Health Canada says it is analyzing more than 25,000 comments received from the public — in particular from the lobby of vaping enthusiasts, who have campaigned extensively against the proposed regulations.
This near-ban on flavors in vaping liquids is eagerly awaited by public health officials and tobacco industry opponents, who decry the appeal of flavors to teens and young adults.
The duty reported this week that vaping is gaining ground among young people. Despite the ban on vaping products for minors, teenagers aged 16 and 17 manage to buy cartridges in convenience stores without difficulty. Items displaying nicotine levels above the legal limit — or which promise the “feel” of a high dose of nicotine — are also on sale in some convenience stores.
“The comment period for the proposed settlement ended on September 2, 2021. It received considerable attention, with more than 25,000 comments submitted. The Department continues to review the large number of comments received for this proposal,” says Anne Génier, Senior Media Relations Advisor at Health Canada.
The federal proposal aims to eliminate flavors in vaping products, except those of tobacco, mint or menthol, which would remain permitted. Sugars and most flavoring ingredients would also be prohibited.
The Canadian Vaping Association strongly opposes the banning of flavours, which are part of the pleasures of inhaling these products. This organization is leading a campaign against the proposed regulations and has invited its members to report their dissatisfaction to Health Canada — which they seem to have done in large numbers.
Expected gestures
Flory Doucas, co-director and spokesperson for the Quebec Coalition for Tobacco Control (CQCT), denounces the time taken to implement the ban on flavors, demanded by all public health groups. “Health Canada has been talking about banning flavors for so long that people think it’s already done. But it’s far from settled,” she said.
The CQCT, which represents addiction workers in Quebec, is encouraged by the reaction of Quebec’s Minister of Health, Christian Dubé, to the report by the Duty on the popularity of vaping among young people. The Minister showed openness to better regulate the use of these products by adolescents and young adults.
Health Canada has been talking about banning flavors for so long that people think it’s already done. But it is far from settled.
“It’s encouraging to hear Minister Dubé recognize the role that the industry and flavors play in youth vaping. But the Legault government has recognized the problem for too long without proposing new regulations,” says Flory Doucas.
The Legault government announced in December 2022 that it would in turn tax vaping products, after Ottawa, which introduced a similar tax to discourage consumption. Liberal MP Enrico Ciccone reminded Minister Dubé this week that a committee of experts had recommended in 2020 seven measures — and not a single tax increase — to regulate vaping.
Banning flavors and reducing the number of outlets near schools were among the committee’s recommendations.
Warning letters
Nearly five years after vaping was legalized, public health officials say changes are still needed to protect young consumers.
According to the information sent to the Duty, five Health Canada inspectors are responsible for monitoring the application of the law on vaping by retailers in Quebec. Across Canada, 15 inspectors carry out checks on specialty retailers and manufacturers of vaping products, as well as on-line establishments. Other inspectors (about 12) check gas stations and convenience stores, says Health Canada.
The number of inspectors seems very small given the number of well-established retailers: inspectors must monitor 1,400 specialized vaping businesses and 27,240 gas stations and convenience stores in Canada, underlines Flory Doucas, according to data from Health Canada.
The most recent audit report, which covers the period from August 2021 to March 2022, reveals non-compliance rates of 60% at specialty retailers, and 11% at gas stations and convenience stores — which represents all the same 3836 establishments having committed an infringement of the law, whether by selling to minors or by offering products containing more nicotine than the legal limit, for example.
Health Canada has confirmed to Duty that no fines or lawsuits have been reported against violating businesses since vaping was legalized in 2018. Violations have resulted primarily in warning letters and product seizures. These measures “have proven to be effective in resolving cases of non-compliance,” argues Health Canada.
Flory Doucas believes instead that these penalties have little deterrent effect on the industry, which “gets off at a low cost” when it breaks the law.