Canada bans ‘confectionery’ flavored e-liquids, lifestyle advertising

Canada bans ‘confectionery’ flavored e-liquids, lifestyle advertising

The American vaping community is not the only electorate facing a possible nationwide flavor ban.   Just last week, the government of Canada passed sweeping legislation that will overhaul the manners in which vaping and tobacco products are sold and advertised.   Bill S-5, also known as the Vaping and Tobacco Products Act, will amend both the Non-smokers’ Health Act of 1988 and the Tobacco Act of 1997.  It will also re-standardize federal branding requirements for tobacco products relating to packaging, font selections, colors, and finishes. Even manufacturer logos are prohibited.

While there appears to be some wiggle room regarding the advertising restrictions for vaping products, all ingredients must be listed clearing on the packaging while other ingredients are now strictly forbidden.  According to Canada Bill S-5, e-liquid vendors can no longer include caffeine, vitamins, minerals, probiotics, coloring agents, and other specifically-defined substances in their e-juice recipes. 

Related Article: Canada proposes new e-cig regulations; includes flavor bans & plain packaging

A federal ban on confectionary, dessert, and cannabis flavors of e-liquid is also in place while brands based on soft drinks and energy drinks are also prohibited.  All regulatory issues fall under the jurisdiction of the Health Canada agency and should be implemented within 180-days after the passage of the bill is finalized.

Overview of Canada’s new vaping and tobacco regulations

Implementing anti-smoking regulations is a no-brainer, but why is Canada taking such an aggressive approach towards vaping, too?  Apparently, even certain politicians in the Great White North are involved in disinformation campaigns claiming that vaping is a gateway to teen smoking.  Unfortunately, it seems to be working, much like here in the United States, because the limiting of e-liquid flavors is only one of the primary regulations targeting the Canadian vaping industry.  Other restrictions include the following.

    • Bill S-5 restricts “lifestyle” advertising for vaping products, or marketing campaigns “that could be construed on reasonable grounds to be appealing to young persons.”
    • Sales to minors are also prohibited.
    • Even the purchasing of vaping products to be given as gifts to minors is prohibited (both the adult and the minor may get into legal trouble).
    • Health Canada has the authority to implement many of the new or existing tobacco-related advertising restrictions on vaping products, as well, which means that plain packaging requirements for vaping may be applicable in the future.
    • Bill S-5 also bans the sales of e-liquid flavors mimicking confectionary, dessert, cannabis, soft drink, and energy drink products.
    • The legislation also forbids multiple e-liquid ingredients and additives, including amino acids, caffeine, coloring agents, essentially fatty acids, glucuronolactone, probiotics, taurine, vitamins, and minerals.

Critics of Bill S-5 say that there can be no reasonable explanation for the passage of a new regulatory package that includes restrictions for both vaping and smoking because one involves the carcinogenic burning of tobacco leaves and the other does not.  Meanwhile, representatives of Big Tobacco companies in Canada are angered by any references in Bill S-5 claiming or implying that vaping is less harmful than smoking.

Related Article:  Dr. Siegel praises new UK study claiming e-cigs are only 1% carcinogenic

And just like in the United States, the Canadian Parliament seems to be lumping vaping products into the same category as combustible tobacco even though scientific evidence from the Motherland’s Public Health England (Canada is still an official commonwealth of England even today) proves that vaping is up to 95 percent less harmful than smoking.  Bill S-5 states the following.

“The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and, in particular,
(a) to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases;
(b) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;
(c) to protect the health of young persons by restricting access to tobacco products; and
(d) to enhance public awareness of the health hazards of using tobacco products.”

 

Even with the new vaping restrictions clearly in place, Canadian politicians are promoting the passage of Bill S-5 as a significant win for the vaping community.  Many are claiming that the new regulations are only meant to make vaping safer, which, in turn, will hopefully attract more smokers to make the switch. 

"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.”
- Senate Representative Peter Harder via CBC News, Canada

 

While the new vaping restrictions might become problematic for veteran vapers dependent on their favorite “confectionary” e-liquids, the Canadian vaping community has at least one thing going in their favor that Americans don’t.  Their government seems to be at least minimally supportive of vaping as a smoking cessation tool, a statement that America’s FDA has yet to make publicly even to this date. 

Related Article:  Cancer Research Institute: FDA’s ‘demonization of nicotine’ is 1960s thinking

The opinions expressed in this article are those of the author's and do not necessarily represent the viewpoints, policy or company position of Vapes.com, the rest of our staff, and/or any/all contributors to this site.

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Comments

Tony - October 24, 2018

I think everyone is missing the point. I started smoking at 15. Most of my friends started smoking at or near 15. If i was 15 today, i would vape. Thinking back over the years, i would rather have vaped for the last 35 years than smoked cigarettes for the last 35 years.
You want kids not to smoke or vape? Make both substances illegal completely. Punishable by fines of 1000 per incident. Then what will you have? Kids smoking weed at 15, eating edibles at 15 (like THC enhanced gummi’s).
This is about tax dollars in Canada. Cigarettes = tax $$, just like gasoline. That’s why they’re still available for purchase and gas guzzling cars are still on roads.

J.s. - August 21, 2018

I am a half smoker half vaper
Went from a pack a day on a good day and more when im drinking i will say vaping is the only thing that has allowed me to drastically cut down. I now smoke a pack over a 3 day span and when im drinking i enjoy the vaping. My goal is to quit cigarettes one day. But if they take away good flavours (candy, baked goods, fruits) i will go back to smoking full time.
I was 14 when i began smoking and my smoke of choice was export a green “green death”. It wasnt until i was an adult i liked flavoured anything. If a kid wants to smoke they will find a way unfortunately.

Ali - August 8, 2018

I mean that 95% statistic is based on self-selected experts giving their opinions…. So I wouldn’t say it’s been “proven.”

Jesse - May 23, 2018

Banning e juice flavors is ridiculous… Its just going to push a ton of adults back to smoking cigarettes.. Me included, The best part of vaping is not having to taste a disgusting cigarette…

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