Rarely do we see businesses circumvent laws in such a brazen, blatant, insolent way.
I am talking here about a part of the vaping industry which, for six months, has openly mocked the new Quebec regulation banning flavors in vaping products.
The Quebec Coalition for Tobacco Control has just sent a 50-page letter to Ministers Christian Dubé (Health) and Eric Girard (Finance) detailing all the tricks used by delinquents in this industry1.
What we read there is absolutely shocking. If these traders did not play with the health of young people for commercial reasons, their creativity should be saluted.
Let’s summarize the case. In Quebec, vaping is on an alarming rise. Between 2013 and 2019, the proportion of high school students who say they vape jumped from 4% to 21%. 2.
Faced with this public health disaster, Quebec stood up and adopted several regulations last fall. The main thing is to ban the many flavors that make these products attractive to young people – from rocket popsicles to crème de menthe, cappuccino and jam donuts.
How did the smart guys in the industry react? By selling vaping liquids… and aromatic additives right next door. They claim that these additives are used to flavor drinks, but no one is fooled. Bottles of neutral vaping liquid are even sold two-thirds full, allowing the flavor enhancer to be added. Drooling, you say?
The investigation by the Quebec Coalition for Tobacco Control shows that the industry can be even more frontal in its shenanigans. As tobacco is now the only flavor permitted, some businesses sell liquids where it says “tobacco” on the bottle.
The problem: according to the Coalition, these liquids actually contain all kinds of flavorings. Color codes on the bottles help consumers find their way around. An orange stripe, for example, indicates mango or tropical fruit flavors.
This is another rude snub to the rules.
Another tip is to ship products banned in Quebec from Ontario.
” Great news ! Our next day shipping service is now extended to certain regions of Montreal,” we can read, in French, on an Ontario vaping site.
In short, the industry is laughing at us. The proof is in this comment posted on Facebook by the owner of a vaping store.
“Come see us in store. You will be surprised at the efforts that have been made to get around the circumvention,” she dared to write.
How to stop the circus? There are several views on this subject.
First there is that of the Ministry of Health, which is far from remaining idle. I’m told that more than 750 inspections have been carried out in vaping shops since the new regulations were adopted six months ago.
The problem: it is not easy for inspectors to demonstrate beyond any doubt that the flavors offered are really intended to be vaped.
For this, several dozen files (I am told between 30 and 40) were sent to the Director of Criminal and Penal Prosecutions. Quebec is hoping for clear legal victories that will deter offenders and show that current regulations work. But obviously, a justice system means significant delays.
For its part, the Quebec Coalition for Tobacco Control believes that current laws, both provincial and federal, must be overhauled. It recommends in particular prohibiting the sale of vaping liquids and flavor enhancers in the same store, as well as banning the interprovincial sale of vaping products (as is the case for tobacco).
These solutions should certainly be explored. But while we do it, we must realize that every month, new young people become addicted to nicotine because of vaping products.
However, there is another solution to deploy. The national director of public health has already proposed requiring permits for the sale of vaping products and, for the sake of consistency, those of tobacco3. Currently, merchants who do not display their products do not need a permit. Those who place them in view of customers need authorization, but not a permit as public health understands. The advantage of the proposal is that licenses could be withdrawn in the event of misconduct. It seems to me that the current slippages show the necessity and urgency of such a mechanism.
If, after that, the industry continues to play games with our laws and with the health of young people, if it proves incapable of marketing vaping products responsibly, we should withdraw this privilege and entrust it to the ‘State.
I have already suggested entrusting the sale of vaping products to the Société québécoise du cannabis4. Not in the same places – we want to prevent vaping users from being exposed to cannabis products and vice versa. But the SQDC has shown that it can market psychoactive substances without causing an increase in consumption among young people.
In short, we have a nice alternative solution to the current mess.
We should think about this possibility today. Sending a clear message to the vaping industry: this is your last chance.
1. Read the letter from the Quebec Coalition for Tobacco Control
2. Read the text Vaping and cigarettes among high school students in a few figures on the government website
3. Read Recommendations for measures aimed at better regulating vaping on the government website
4. Read the column: “Vaping: there are limits to being fooled”
What do you think ? Participate in the dialogue