Gazette I

The proposal would consist of the proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours) and the proposed Standards for Vaping Products’ Sensory Attributes Regulations. The proposal would restrict the manufacture, promotion, and furnishing (including retail sale) of flavoured vaping products in Canada. The proposal would not apply to suppliers of flavouring ingredients nor would it apply to the export of flavoured vaping products. More specifically, the proposal would involve three components:

Further restricting the promotion of flavours.

The proposal would amend Schedule 3 to the TVPA to expand the list of flavours whose promotion is prohibited. Promotion includes any indication such as the name or descriptor, or illustration, including a brand element, on the packaging or elsewhere. footnote 48 The only flavours that could be promoted would be that of tobacco and that of mint, menthol or a combination of mint and menthol (hereafter referred to as mint/menthol). Promotions for a tobacco flavour could include a reference to a type of tobacco (e.g. “Virginia tobacco”), but not to a type of tobacco product (e.g. pipe tobacco). Reference to a type of mint (e.g. “peppermint”) would be allowed on vaping product packaging, but not to a type of product made with mint (e.g. “mint mojito”). The use of any descriptors or illustrations on vaping product packaging would have to also comply with the current restrictions on promotion under the TVPA.

Prohibiting most flavouring ingredients, and all sugars and sweeteners in vaping products.

The proposal would amend Schedule 2 to the TVPA, resulting in a ban on most flavouring ingredients and on all sugars and sweeteners from use in the manufacture of vaping products, unless these products are for export or authorized under the FDA. The ban would apply to ingredients that have flavouring properties or that enhance flavour. Ingredients can be identified as having such properties by consulting different sources, including the documents incorporated by reference in the proposal. footnote 49 A list of 40 excluded ingredients footnote 50 that could be used to impart a tobacco flavour, and a separate list of 42 that could be used to impart a mint/menthol flavour, would be set out in the Schedule. footnote 51

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Gazette II

Nicotine Concentration in Vaping Products Regulations: SOR/2021-123

Canada Gazette, Part II, Volume 155, Number 13

Registration

SOR/2021-123 June 10, 2021

TOBACCO AND VAPING PRODUCTS ACT
CANADA CONSUMER PRODUCT SAFETY ACT

P.C. 2021-518 June 10, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, makes the annexed Nicotine Concentration in Vaping Products Regulations pursuant to

  1. sections 7.8footnotea, 17footnoteb and 33footnotec of the Tobacco and Vaping Products Actfootnoted; and
  2. section 37footnotee of the Canada Consumer Product Safety Actfootnotef.

Nicotine Concentration in Vaping Products Regulations

Definitions

The following definitions apply in these Regulations.

Act
means the Tobacco and Vaping Products Act. (Loi)

vaping substance
has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. (substance de vapotage)

Application
Retail sale — vaping products
2 (1) These Regulations apply to every vaping product that is intended for retail sale in Canada, as well as to its packaging.

Vaping products — otherwise furnished
(2) These Regulations also apply to every vaping product that is intended to be otherwise furnished, in Canada, at a point of sale that is a retail establishment where vaping products are ordinarily sold, as well as to the packaging of such a vaping product.

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7 thoughts on “Government Nicotine Restrictions – Federal flavour ban has been announced – We Fight for all of us

  1. mjrh68 says:

    These amendments are ridiculous. For those of us that use vaping products to reduce or quit using cigarettes, these amendments are disastrous. I have been cigarette free for just over 6 years. I have a strong dislike for the taste of tobacco juice and am definitely not a fan of mint. I am just about 53 years old, my go to flavours are fruit and bakery goods. While my chosen nicotine strength is now 3mg, I am still an addict. The only thing saving my life right now from cigarette addiction is flavoured juice.

  2. gnocorp says:

    Why don’t they worry about the millions of people dieing from cigs instead of worrying about vape. Thanks to you guys now smokers will stay smokers and vapers will either get used to it or go back to smoking. But that’s what you guys want money and power. No heart that many lost lives in your hands

  3. callnelson70 says:

    This is just a comment I wrote on a YouTube channel and deciding to post it here as well;

    If they ban flavours i will kick any gov’t party looking for votes coming next election knocking on my door to the street!! I won’t vote for any party period!! They don’t listen to the general public anyway once they are voted in!!
    Black market here we come!! Are you listening government?!? Who are we kidding, unless it suits their agenda they don’t listen to anyone!! I am so pi***d!!
    All of these future deaths will be on government and Health Canada hands! (sure!….cough cough….I’m coughing because Health Canada as they are supposed to be non biased and actually do their job of looking after the HEALTH of Canadians! and govt prefers we all smoke!…..including the YOUTH!)…… All of these deaths could easily be prevented! And I wonder if any of these politicians have a father, mother….brother or sister who smokes cigarettes where their lives could be easily be improved through vaping! And once again I repeat all of these future deaths will be on GOVERNMENT hands!!!!!
    What really irks me is that this Is Canada and we are not the United States of America! Canada is getting their info from the good ole’ USA….does Health Canada actually do their own research or do they only follow the USA?
    The Federal Liberals are a complete joke! I am sure that Trudeau’s panties always match his socks! but Trudeau had no issue with legalizing weed! Of course $$$$$$$
    Vaping and flavours were all made legal in 2018 and Health Canada agreed that it was much safer at keeping adults away from deadly combustible death cigarettes and now they are reversing their decision???
    And as for the youth epidemic, perhaps Health Canada should consider banning overly sweetened pop drinks or how about artery clogging Big Mac’s?

  4. saarelevine says:

    I am gravely upset with this cap and I have put considerable thought into my feeling about this ban, for majority of my adulthood I have been a cigarette smoker: in the last several years I have gone between quitting cold turkey to vaping. This last year alone I have significantly dropped cigarettes almost completely for vapes over the 50mg, it gives me what I am looking for in flavor and nicotine hits. In my now year long journey, at some point I was ready to start a reduction, but now if I have to go directly to 20mg and can’t get higher nicotine I will do exactly as all professional researchers and individuals who have profusely disagreed with this ban; that I won’t be successful in my nicotine free life.
    Don’t get me wrong I care about the growing concern for teenage smoking habits as I too started my smoking habits at 15; however as a Canadian citizen as a mature adult now I know that if I won’t be able to lower my increase at MY rate that I needed then I will likely continue smoking cigarettes.
    A higher nicotine cap lets users moderate their nicotine consumption!

  5. shinealatimer says:

    This is ridiculous. I smoked for 15 years and it took a lot of effort to transition to vaping. Since I smoked for so long, I am vaping 50 mg and am seriously concerned the cap might push me back to cigarettes. My mom was a heavy smoker for 40 years and now vapes 50 mg and I have severe doubts that she’s going to be able to continue to be successful with only 20mgs. The cap is actually just going to do more harm than good because many people are just going to start smoking cigarettes again. People are always going to find a way to do what they want so in the end the amendment is just going to push higher nicotine into the black market

  6. rjt1979 says:

    Commenting from nova scotia where flavored juices are banned. The attacks on vaping are illogical, impractical, ridiculous and actually cost the taxpayers money. Not like these vape shops aren’t paying taxes on their business. There is no evidence to support the claims that this will stop youth vaping. In my opinion, (mom to 16yo boy) all the bans has done here in nova scotia is drive the kids to black market devices or back to cigarettes. (Not saying kids should be allowed to vape or anything)

  7. pocketmacdonald says:

    As someone who smoked for over 15 years and multiple attempts at quitting that failed, vaping is the thing that has kept me from smoking the longest and most effectively.

    To then restrict us to “tobacco flavours” and a lower nicotine cap with no consideration for anything more than what sounds like Helen Lovejoy Syndrome sounds like we are just being driven right back to smoking again.

    I have been and felt far healthier vaping than I ever did smoking, and I’ll continue to fight for the ability to quit smoking in a way that works for me, and so many others.

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