Vapouround Magazine Canada VMC PREVIEW | Page 10

NEWS NEW TOBACCO AND VAPING LEGISLATION: AN OVERVIEW THE CLOCK IS TICKING FOR VAPE COMPANIES TO BECOME COMPLIANT BY ANGUS MCKAY, VAPETROTTER.COM The federal government recently passed the Tobacco and Vaping Products Act which formally legalizes nicotine vaping for the first time in Canada. While most voices in the government are touting this as a positive step forward for vapers and current smokers, it could prove to hinder smokers in quitting and even drive some vapers back to traditional cigarettes. On May 23, Bill S-5 received royal assent which means vape companies have 180 days from that date to become compliant. The new legislation makes a few major changes to the vape industry: • • • • • Many of the existing tobacco regulations will be (or can be) applied to vaping products. This could potentially mean that the plain packaging introduced by Bill S5 for tobacco products could later be applied to vaping products It prohibits the sale of vaping products to minors. The legislation also prohibits supplying vaping products to minors in the form of gifts with possible penalties for both the supplying adult and the minor The law restricts "lifestyle" advertising for vaping products, the use of testimonials, or any reference to e-cigarettes as healthier than standard tobacco products — advertising vaping products is not outlawed though, companies are free to advertise via any medium they choose, so long as the advertising meets the guidelines It bans certain flavours in e-liquids — this includes any flavours designed to mimic confectionery, cannabis, soft drinks or energy drinks It bans certain additives such as amino acids, caffeine, colouring agents, essential fatty acids, glucuronolactone, probiotics, taurine, vitamins, and minerals in e-liquids While regulating vaping and formally legalizing nicotine is a good first step for Canada, the bans on flavours could prove to be incredibly bad for both vapers and smokers alike. There is little to no evidence for the “gateway theory” that leads to flavour bans, but there is plenty of evidence that many adults rely on flavour choices to quit smoking and to stay off cigarettes. A study conducted at Imperial College in London showed that the prevalence of vaping would decline by over 10 percent if flavours were restricted. "Bill S-5 will also provide adults the legal access to better-regulated vaping products. These products can serve as a less harmful alternative to cigarettes and can be a much-needed option for those who have been unable to quit smoking," said Peter Harder, Ontario’s Senate Representative. The bill’s sponsor in the upper house, Chantal Petitclerc, says regulating vaping will be, "An important tool for ensuring a less harmful source of nicotine" in aiding the government in its plan to cut the smoking rate in Canada to less than five percent by 2035. 10 | VMC