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:
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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