NEWS
TOUGH NEW RESTRICTIONS
FOR E-LIQUID PACKAGING
AND BRANDING
DESSERT AND CONFECTIONARY E-LIQUIDS AMONG THOSE
HIT BY NEW PACKAGING AND BRANDING RULES
BY STAFF REPORTER
Several aspects of the new Tobacco and Vaping
Products Act have come under fire from vape
industry advocates for exceeding regulatory
sensibility.
While it is widely accepted that regulation is
necessary, many feel that the new Act goes too
far in many areas.
One of the main areas of contention are new
restrictions on confectionary, dessert, cannabis,
soft drink and energy drink flavours.
The Act prohibits the use of any packaging,
branding or artwork which might lead a person
to believe that the e-liquid contained any of the
above flavours.
It also contains a list of ingredients including
caffeine, probiotics, taurine, vitamins and mineral
nutrients which can’t be promoted on packaging,
branding or artwork.
E-liquids manufactured for the export market
do not face the same restrictions on promoting
flavours and ingredients.
Like with many regulations that target e-liquid
flavours, the driving force at work here appears
to be concern over encouraging young people
to take up vaping.
Health Canada’s official statement issued on May
23 said, “The legislation prohibits the promotion
of vaping products that are appealing to youth,
such as the promotion of appealing flavours
like candy … nicotine is a potent and powerfully
addictive substance, particularly for youth. Vaping
products containing nicotine could potentially lead to
addiction, the subsequent use of tobacco products,
and the renormalization of smoking behaviours.”
The idea that vaping is a gateway to normalizing
smoking behaviours – especially for young people –
has been hotly contested by advocates, academics
and public health experts in the US and the UK,
who, through a series of prominent studies, have
cast doubt on such claims.
David Sweanor, an adjunct professor of law at the
20 | VMC
University of Ottawa, Canada, has been fighting
against tobacco for over three decades and
remains steadfast in his support for e-cigarettes
as a smoking cessation aid. Though a prominent
figure in favour of tobacco control, the professor
has criticized the new legislation, claiming that
striking e-liquids with such harsh restrictions
works against the interests of Canadian
public health.
He said the legislation, “Puts really huge barriers
in the way of the majority of smokers who say
they want to quit … We shouldn’t be doing that
for a product that is killing so many people, we
need to offer [smokers] something that reduces
the risk.”
Critics are also wary of the text’s use of terms
like confectionary and soft drink, which are rather ill-
defined and could be abused or misinterpreted.
There is also serious concern at how well vape
products can act as a smoking cessation aid
in such a stifling environment with an essential
component (customizability) taken away. Just
last year, the Yale School of Public Health and the
Centre for Hea