Vapouround Magazine Canada VMC PREVIEW | Page 22

NEWS COMING SOON TO A TV NEAR YOU TOBACCO AND VAPING PRODUCTS ACT OPENS UP A HOST OF VAPING ADVERTISING POSSIBILITIES INCLUDING TV, RADIO AND NEWSPAPERS BY GORDON STRIBLING Much like the Tobacco Products Directive (TPD) brought in last year to regulate Europe’s vape industry, the Tobacco and Vaping Products Act comes with both pros and cons for the industry and for the vaping community. One big positive is that the Act has opened up a wealth of advertising possibilities. However, unlike the TPD which heavily restricts how and where companies can advertise their products, the Canadian Act permits advertising on TV, radio, in newspapers – pretty much anywhere you’d normally find consumer advertising. This reaffirms Canada’s reputation as a forward-thinking and progressive nation. While companies are prohibited from making medical claims about their products – unless they’ve sought and received approval to do so from Health Canada – vaping products are being allowed because the government acknowledges that they offer a safer alternative to smoking. The Act is far more prohibitive of the tobacco industry, as the new plain packaging initiative shows. After the legislation was given royal ascent, the Honourable Ginette Petitpas Taylor, Minister of Health, said: “We’re taking a principled and flexible approach to reducing the harms of tobacco use by protecting youth and non-users of tobacco products from nicotine addiction and inducements to use tobacco. We’re also placing restrictions on the promotion of vaping products while allowing adults to legally access them as a less harmful alternative to cigarettes and advancing work to introduce plain and standardised packaging for tobacco products.” The new Act prohibits advertising where, “there are reasonable grounds to believe that the advertising could be appealing to young persons.” As well as an outright ban on flavours like candy that supposedly appeal to kids, new packaging restrictions prohibit the depiction of animals and people. The bill expressly prohibits lifestyle advertising, i.e. advertising that is deemed aspirational or in some way suggestive that the product could enhance the consumer’s way of life. 22 | VMC There are two exceptions to this rule: “Subject to the regulations, a person may promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising that is in a publication that is addressed and sent to an adult who is identified by name [or] places where young persons are not permitted by law.” This could include magazine subscriptions and mailing lists. In fact, anything addressed to a specific individual. Flyers or other forms of mass-marketing materials not addressed to specific persons are forbidden under the Act. “WE’RE ALSO PLACING RESTRICTIONS ON THE PROMOTION OF VAPING PRODUCTS WHILE ALLOWING ADULTS TO LEGALLY ACCESS THEM AS A LESS HARMFUL ALTERNATIVE TO CIGARETTES” Perhaps the most tantalising prospect of all is the potential for companies to advertise vaping products on TV. At this early stage, it’s unclear what a vaping commercial would actually look like and it may take some time for Health Canada to draft guidelines, but this does present the industry with a golden opportunity, albeit a potentially expensive one.