Tag: Canada

  • Canada Opens Consultation on Tobacco And Vaping Act

    Canada Opens Consultation on Tobacco And Vaping Act

    Photo: JHVEPhoto

    The government of Canada has opened public consultation on the Tobacco and Vaping Products Act (TVPA) ahead of its mandatory parliamentary review. Stakeholders can provide input until April 27, 2022.

    In 2018, the TVPA was amended to protect youth and nonsmokers. The amended act recognized that vaping was significantly less harmful than smoking, and smokers that switched to vaping could reduce their exposure to thousands of chemicals. The Act introduced measures to protect youth through various labeling and promotion regulations.

    Darryl Tempest

    Tobacco harm reduction advocates welcomed the consultation. “Vaping has helped millions of smokers quit and has the potential to help millions more if it weren’t for the misrepresentations of the industry by media and misperceptions surrounding the product itself. It is imperative that Parliamentarians have the opportunity to hear from a wide range of experts as part of the TVPA review process,” said Darryl Tempest, government relations advisor to the Canadian Vaping Association (CVA)

    Health Canada’s discussion paper states, “For adults who smoke, there appears to be a lack of awareness that vaping products are a less harmful source of nicotine for those who currently smoke and switch completely to vaping. A 2020 survey found that only 22 percent of current smokers recognized that vaping is less harmful than smoking cigarettes.”

    In its consultation submission, the CVA will urge Health Canada to rectify this through the issue of relative risk statements for approved use by licensed specialty vape shops. In 2018, Health Canada proposed a “List of Statements for Use in the Promotion of Vaping Products.” According to the CVA, this proposal has been put on the back-burner and has languished in Health Canada’s bureaucracy to the detriment of potential public health gains from smokers switching to vaping.

    “Instead of issuing reasonable statements for use by specialty vape shops, the TVPA has effectively gagged the vape industry through Section 30.43,” the CVA wrote in a press release. Section 30.43 prohibits “the promotion of a vaping product in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emission or by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions. The purpose of this prohibition is to prevent the public from being deceived or misled with respect to the health hazards of using vaping products.”

    “The CVA looks forward to actively participating in the review process and will advocate for enhanced measures to protect youth, as well as increased smoker targeted messaging on the benefits of switching to vaping. We encourage all stakeholders to submit feedback,” said Tempest.

  • Ontario MPP Reintroduces Anti-Youth Vaping Bill

    Ontario MPP Reintroduces Anti-Youth Vaping Bill

    A lawmaker in Ontario has reintroduced a bill to help prevent youth from taking up e-cigarettes. If passed, the bill would bump the legal age of selling products to 21, prohibit the promotion of vaping products, restrict sale to vape shops and require Ontario Health to do an annual report on vaping usage.

    Credit: FellowNeko

    The bill has earned praise from the Lung Health Association and the Canadian Cancer Society, which both say greater government oversight is required, according to CTV News. Both point to statistics from Health Canada that say the symptoms of vaping, or vaping-related illness, can include cough, fever, shortness of breath, chest pain, diarrhea and abdominal pain.

    “We limit the sale of cannabis, we limit the sale to specialty stores only, we don’t sell cannabis in convenience stores or gas stations, but we sell cigarettes and vaping products in gas stations — that shouldn’t be done,” said Rob Cunningham of the Canadian Cancer Society.

    The Canadian Vaping Association however says not so fast. It said the measures that are being introduced are short-sighted. Executive director Darryl Tempest said the problem is complex and the proposed legislation doesn’t target things like alcohol or tobacco.

    “Vaping is far more effective to get people off combustible tobacco and it’s been proven seven years in a row from the Royal College of Physicians to be 95 per cent less harmful than smoking — where is that consideration in this legislation?” said Tempest.

    He said the one thing we need to understand is that smoking, particularly combustible smoking, is the largest form of preventable death in the nation. According to his figures, there are more than four million smokers in Canada and 1.1 million have chosen a less harmful alternative.

  • Cardiologist Warns Flavor Bans Will Put Lives at Risk

    Cardiologist Warns Flavor Bans Will Put Lives at Risk

    Photo: Tobacco Reporter archive

    Restrictions on flavors in vaping products would be a drastic setback in the battle to reduce the 48,000 Canadian lives lost every year to smoking, according to a new independent study released on Jan. 11.

    The review, covering more than 340 articles of evidence on e-cigarette flavorings, concludes that they are “inextricably linked” to smoking cessation and should be made more accessible and affordable to adults trying to quit.

    “Well-regulated use of flavors can and should be considered as a valuable tool to help prevent disease and save the lives of adult smokers who cannot or will not quit by themselves or with other approved methods,” says report author Konstantinos Farsalinos, a cardiologist with a career devoted to tobacco harm reduction.

    Farsalinos released his review at a webinar on Dec. 15, 2021. 

    The report, which examines the science, consumer insights, risks and regulatory considerations related to e-cigarettes, comes as Health Canada seeks to implement a ban on flavored vapes.

    “We’re at a crossroads where policymakers are about to turn away from the evidence showing flavors help smokers transition to products that carry only a fraction of the risk of combustible cigarettes, thereby preventing disease and saving lives,” said Farsalinos.

    “If bans were allowed, it would ultimately drive consumers to tampering, illicitly traded products, towards the black market, or back to traditional cigarettes.”

    Electronic nicotine delivery systems (ENDS) are now the overriding method of choice for smokers who want to quit, says the report. Studies show users of flavored e-cigarettes are up to three times more successful.

    The review highlights the work of David Levy, who developed the Smoking and Vaping Model, which allows researchers to calculate the life-saving potential if all adult cigarette smokers were to switch to nicotine vaping products. Applied to Canada, 130,000 deaths could be avoided between 2012 and 2052 if Canadian smokers switched to vaping. This would save 2.5 million life years.

    The report points out that flavors are used to improve the efficacy of nicotine replacement therapy products, such as lozenges and gums, which feature on the World Health Organization’s list of essential medicines.

    “Surely, if the WHO considers flavorings an essential anti-smoking tool in nicotine lozenges, the same should apply for consumer acceptance in nicotine vaping products” said Farsalinos.

    “Vaping is already delivering results in Canada by helping long-term smokers who have struggled to quit to finally give up the habit. To misguidedly deny desperate smokers their best chance of quitting is needlessly putting their health at risk.”

    The report recommends better access and affordability for quitting tools such as flavored vapes “through proportionate, risk-based regulation and robust monitoring.”

    Concerns about underage use of vapes would be best addressed by focusing on youth access at the point of sale and the elimination of flavor descriptors clearly targeting the young, it adds.

  • Quebec Appeals Court Upholds Vapor Ad Ban

    Quebec Appeals Court Upholds Vapor Ad Ban

    Photo: Matthew Benoit

    A panel of three Court of Appeals judges unanimously reversed the parts of a 2019 Quebec Superior Court decision that struck down some provisions of the Tobacco Control Act pertaining to vaping products, reports Global News.

    The Quebec Superior Court had ruled that some of the province’s restrictions on vaping products, such as banning advertising, went too far because they could possibly prevent smokers from switching to noncombustible products.

    The appeals court judges cited research from the World Health Organization and other experts regarding the rise in youth vaping rates, ruling that the Quebec government has the right to limit potential effects of advertising on youth and nonsmokers.

    “In this case, it was therefore reasonable for the legislator to intervene to limit the potential effect of electronic cigarette advertising, especially on young people,” Justice Benoit Moore wrote on behalf of the panel. “The risks associated with the fact that the vaping industry is evolving and that it is gradually being taken over by the tobacco companies cannot be excluded from the analysis of the legislator.”

     The court also upheld the right to ban vaping product demonstrations inside shops or specialized clinics.

     

  • Vape Group Protest ‘Hypocrisy’ of Rules for Adult Products

    Vape Group Protest ‘Hypocrisy’ of Rules for Adult Products

    Credit: Annaadel

    The Canadian Vaping Association (CVA) says it is astounded by “the hypocrisy and inequity” in the regulation of adult products.

    Alcohol, a substance known to cause significant harm to health, faces no restrictions on the use of flavorings or warning label requirements in Canada, according to the association. On the other hand, nicotine vape products, a harm reduction product used primarily by smokers seeking to quit, have undergone rigorous regulation culminating in a proposal to restrict all pleasant “sensory attributes.”

    Darryl Tempest

    “Flavors are a common denominator across adult products,” the CVA wrote in a statement. “As the cannabis and vaping industries battle to keep flavors for adults, the alcohol sector operates freely and advertises broadly. The staggering double standard that exists for alcoholic beverages is absurd when compared side by side. “

    “Vaping, unlike recreational cannabis or alcohol, provides a public health benefit,” said Darryl Tempest, executive director of the CVA. “The goal of health policy should be to capitalize on public health gains. Canada has now seen through Nova Scotia’s flavor ban, that reducing the appeal of vaping products to smokers results in increased smoking and the destruction of small businesses. The proposed regulations are not fit for purpose. Canadians don’t want regulation that causes increased smoking rates and fewer jobs.”

  • Canadian Vaping Group Wants End to Flavor Ban Proposal

    Canadian Vaping Group Wants End to Flavor Ban Proposal

    The Canadian government has proposed restrictions on flavored vape products, which Health Canada acknowledges will result in increased combustible cigarette smoking. The justification for the flavor ban is that flavor restrictions will lessen youth vaping rates, according to the Canadian Vaping Association (CVA). However, youth rates are already in decline.

    Credit: Kristina Blokhin

    The Canadian Tobacco and Vaping Survey, 2020, found that youth vaping has declined since 2019. Currently, youth daily vaping is 4.7 percent and Health Canada expects the recently implemented nicotine ceiling will further reduce use and experimentation.

    “Youth daily vaping and addiction rates are actually quite low and expected by tobacco control experts to continue to decline. Generally, youth vaping rates are discussed using data on the amount of youth that have tried vaping over the past 30 days,” said Darryl Tempest, executive director of the CVA. “This is a poor metric to base regulation on because it represents experimentation and not habitual use. Young people that try vaping once at a party are included in this figure. These surveys are also misleading because they include age of majority respondents. If these respondents were excluded from the survey, daily vaping among minors is around 2 percent.”

    In a press release, Tempest stated that if other adult products were regulated consistently with the same concern as past 30-day vape use, both cannabis and alcohol would require severe restrictions, as both daily and past 30-day use prevalence are greater than nicotine vaping.

    “Alcohol is considerably more harmful than nicotine vaping and despite its use being significantly more prevalent than vaping among youth, flavor restrictions have not been considered. This is likely because like vaping, youth are not drinking for flavors,” Tempest states. “Canada has set a goal to reduce tobacco use prevalence to 5 percent or less by 2035. Restricting flavors will push thousands of vapers back to smoking and jeopardize current smoking reduction targets. The CVA calls on Health Canada to forgo the flavor ban and instead focus on proven methods such as increased enforcement and education programs.”

  • Health Canada: Flavor Ban Could Boost Smoking

    Health Canada: Flavor Ban Could Boost Smoking

    Photo: jedsadabodin

    Health Canada has made a “startling admission” that its recent policy to ban the sale of flavored vapor products could contribute to a rise in cigarette consumption, reports Filter, a publication owned and operated by The Influence Foundation, a nonprofit organization that advocates for rational and compassionate approaches to drug use, drug policy and human rights.

    Into its regulatory impact analysis statement on the intended flavor ban, Health Canada acknowledges that its legislation could lead to an increase in smoking, according to Filter.

    “It is anticipated that some dual users who currently use flavored vaping products would not substitute their purchases with tobacco[-flavored] and mint/menthol-flavored vaping products. They would choose to purchase more cigarettes,” the statement reads.

    “The statement is very direct. It’s basically saying, ‘We’re Health Canada, and we’re going to do something that kills Canadians,’” said David Sweanor, an industry expert and chair of the Advisory Board for the Centre for Health, Law, Policy and Ethics at the University of Ottawa.

    “The statement is very direct. It’s basically saying, ‘We’re Health Canada, and we’re going to do something that kills Canadians.”

    Matt Culley, a board member of the U.S.-based CASAA, a consumer advocacy nonprofit that promotes smoke-free alternatives to combustible tobacco, said, “The fact that a government can brazenly admit their policy will lead to more smoking and death is wild. It really goes to show how demonized vaping remains.”

    The policy appears to be at odds with Canada’s intention to reduce its smoking rate to 5 percent by 2030.

    Our policies have not aligned with the country’s goals,” Darryl Tempest, the executive director and chief advocate of the Canadian Vaping Association (CVA), told Filter. “It is not a public policy that relates to adults or harm reduction or small businesses.”

    The country amended its tobacco laws to include vaping products in 2018, and some Canadian provinces have already enacted their own flavor bans.

  • Critics Lambast Canada’s Proposed Flavor Ban

    Critics Lambast Canada’s Proposed Flavor Ban

    Photo: Deyan

    Health advocates and vapor industry groups criticized Canada’s proposal to ban all flavored vaping products except for tobacco, mint and menthol. Published June 19 in the Canada Gazette, the draft legislation was criticized for falling short by tobacco control advocates and for going too far by the Canadian Vaping Industry Association (CVA).

    The CVA warned that if the flavor ban is implemented, it may push hundreds of thousands of consumers back to smoking or to the black market. “There is mounting evidence that flavors reduce cravings and increase smoking cessation success,” the organization wrote in a press note. “Research from Yale School of Public Health finds that smokers that quit using a flavored product are 2.5 times more likely to be successful.”

    “We have repeatedly shared the science on vaping,” said Darryl Tempest, executive director of the CVA. “Regulators are aware of the important role flavors play in the adoption of vaping by smokers. A flavor ban will reduce the appeal of the product and will sentence many smokers to their death. There is sufficient data from regions with flavor bans to provide a clear understanding of the consequences. Flavor bans do little to protect youth and instead increase smoking rates and strengthen the black market.”

    A flavor ban will reduce the appeal of the product and will sentence many smokers to their death.

    ASH Canada, by contrast, described the decision to exempt mint and menthol from the flavor ban as an unacceptable concession to the vaping industry.

    “The proposed regulations will not adequately protect Canadian youth from flavored vaping products” said Les Hagen, executive director of ASH, in a statement. “Menthol is the second most popular flavor among youth vapers. A partial ban on flavored vaping products in the U.S. resulted in massive switching to menthol flavored products. We expect a similar result in Canada if these regulations are approved.”

    “There is no scientific justification for exempting menthol vaping products,” says Flory Doucas, co-director and spokesperson for the Quebec Coalition for Tobacco Control. “Menthol is the second most popular flavor among youth, tied with mango. We know that flavors are one of the main factors that attract young people to vaping, causing all kinds of health risks in addition to being one of the most addictive substances on the planet.”

    The health groups decried the influence of the vaping industry on the debate. The CVA has been the most active of all lobbies on Parliament Hill in May, wrote ASH, citing The Lobby Monitor.

    Over 400,000 Canadian youth are using vaping products, according to Health Canada’s latest survey conducted in 2019. 

    Stakeholders can comment on Canada’s draft flavor regulations until Sept. 2, 2021.

    Health Canada is also publishing new restrictions on the nicotine concentration in vapor products. These regulations set a maximum nicotine concentration of 20 mg per mL in vaping products to make them less appealing to youth. The regulations also prohibit the packaging and sale of vaping products if the nicotine concentration of the products exceeds this limit. Manufacturers must adhere to this limit by July 8, 2021; retailers may not sell products that exceed this limit after July 23, 2021.

  • Canada Planning to Ban Flavored Vapes by 2022

    Canada Planning to Ban Flavored Vapes by 2022

    Canada said Friday it intends to ban most flavored vaping products in an effort to deter young people from consuming electronic cigarettes. According to the Canada Gazette, a weekly publication that outlines pending government regulatory orders (much like the Federal Register in the U.S.), the Liberal government said it would restrict e-cigarette flavors to tobacco, mint and menthol. Fruit flavors, like cherry, melon and mango, would be prohibited.

    Canada flag
    Credit: Toptop54

    Restricting fruit-based flavors and the use of sweeteners as an ingredient are expected to make e-cigarettes less appealing to younger people, the government said, according to press release. Canadian data, as presented in the Gazette, indicated vaping rates among youth remain high. Further, over 60% of youth aged 15 years to 19 years used fruit-flavored e-cigarettes, versus 40% for those 20 and older who vape.

    The government said Canada’s proposals would be among the strongest in the developed world in curbing vaping, and generally in line with Denmark’s rules on flavored vaping products. The government said stakeholders can submit thoughts on the rules until Sept. 2, although Ottawa is eyeing implementation starting in 2022.

    In Canada Gazette, Part II that will be published on July 23, 2021, Health Canada is announcing the new Nicotine Concentration in Vaping Products Regulations (NCVPR), which set a maximum nicotine concentration of 20 mg/mL for vaping products marketed in Canada. They also prohibit the packaging and sale of vaping products if the nicotine concentration stated on the package exceeds 20 mg/mL.

    The NCVPR prescribe a laboratory method, ISO 20714 E-liquid – Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices – Gas chromatographic method, for determining the nicotine concentration of a vaping substance. Health Canada will use this method to determine compliance with the maximum nicotine concentration.

    As well, the NCVPR amend the Vaping Products Labelling and Packaging Regulations, which until now allowed vaping products to contain up to 66 mg/mL of nicotine; this limit will now only apply to products intended for export. Vaping products authorized under the Food and Drugs Act (FDA) are not subject to these regulations.

    The NCVPR goes into force on July 8, 2021. Retailers have until July 23, 2021 to comply with these Regulations.

    Enforcement actions to address non-compliance may include issuing warning letters, seizures, and/or prosecutions. The penalties for not complying with the NCVPR are set out under Part VI of the Tobacco and Vaping Products Act.

    Proposal to further restrict vaping product flavours

    Flavored vaping products are highly appealing to youth. In Canada Gazette, Part I to be published on July 19, 2021, Health Canada is proposing measures that would:

    • further restrict the promotion of flavors to tobacco, mint, menthol or a combination of mint and menthol (mint/menthol), including through indications or illustrations on packaging;
    • prohibit all sugars and sweeteners as well as most flavoring ingredients, with limited exceptions to impart tobacco and mint/menthol flavors; and
    • prescribe sensory attributes standards to prevent a sensory perception other than one that is typical of tobacco or of mint/menthol.

    Flavors other than tobacco, as well as sugars and sweeteners in vaping products, increase product appeal, decrease perception of harm and heighten intention to try or use vaping or tobacco products. Youth also tend to perceive flavored vaping products, such as fruit and candy, as less harmful to health than tobacco-flavored vaping products.

    Health Canada is aware of the important role flavors can play in helping people who smoke transition from smoking. The proposed measures would leave some flavor options for adults who smoke and wish to transition, or have transitioned to vaping, which is a less harmful source of nicotine than cigarettes for those who switch completely to vaping.

  • VITA: Vape Tax Will Boost Black Market, Harm Youth

    VITA: Vape Tax Will Boost Black Market, Harm Youth

    The Canadian federal government tabled its annual budget yesterday and the legislation includes lawmaker’s intention to introduce a new excise tax framework in 2022. The Vaping Industry Trade Association (VITA) says the excise tax, when combined with a 70 percent reduction in maximum nicotine content and anticipated flavor restrictions, will create a once in a lifetime opportunity for the illicit market to grow and increase access points for youth.

    “Taxation of vaping products in a way that is proportionate to the harm reduction value of vaping is not something that the industry is fundamentally opposed to. Indeed, if revenues are used to increase enforcement actions against anyone selling vaping products to minors, there could be significant support from our sector”, said Allan Rewak, VITA’s executive director. “What we are concerned about is that this tax, when combined with broad flavor bans and restrictive nicotine caps will make the legal and highly regulated vape market uncompetitive with a growing illegal one.”

    According to a press release, VITA claims that vaping products are for adult smokers seeking to reduce their risk, “not nonsmokers and never youth.” Evidence has shown consistently that effective vaping products are one of the best means to transition heavy smokers away from cigarettes.

    “The Illicit market doesn’t care about reducing risk for adult smokers, they don’t care about age gating or checking ID, and they don’t care about the quality and safety of the products they sell”, said Daniel David, VITA’s president. “I’m really concerned that this tax, when combined with flavor bans and unrealistic nicotine caps will create an opportunity for criminals to prey on our children while making it harder for those of us trying to help adult smokers reduce their risk to stay in business.”

    The release also states that VITA believes that the government should utilize all revenue generated from this new taxation regime to empower increased enforcement action against anyone selling vape products to minors, while also reconsidering actions that would reduce the effectiveness of vaping products for adult smokers.