Meeting to discuss proposed regulatory requirements for vaping products

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Subject:

Meeting to discuss the proposed vaping products regulations and compliance with the Tobacco and Vaping Products Act (TVPA)

Date:

June 15, 2018

Participants:

Health Canada (HC)

• Dana Beaton
  • Director, Office of Research & Surveillance, Tobacco Control Directorate (TCD) (Co-Chair)
• Senior Advisor, Director General’s Office (TCD) (Co-Chair)
• Graham O’Brien
  • Director, Office of Policy and Strategic Planning (TCD)
• Scientific Evaluator, Office of Research & Surveillance (TCD)
• Senior Corporate Regulatory Compliance and Enforcement Advisor, Risk Management Bureau, (CPSD)

Fontem Ventures

• Guy Hendricks
  • Vice President, EU Public Affairs, Fontem Ventures

Introduction:

A meeting was held at the request of Fontem Ventures to discuss its position on regulating the industry; brief Health Canada on the science and research of Electronic Vaping Products (EVPs); and discuss standards-based regulation.

In an e-mail prior to the meeting, HC reiterated its international obligation to protect tobacco control policies from the vested interests of the tobacco industry. In addition, in the interest of transparency, the department stated that it would be making a record of the meeting publicly available.

The Chair opened the meeting by doing round table introductions.

Subjects: 

Fontem Ventures stated that its mission is to convert smokers to vapers. The company presented an infographic to HC demonstrating that in the UK, vaping has accelerated the decline in smoking.

Products

Fontem Ventures brought samples of vaping products currently on the market in various jurisdictions.  One such product is the “myblu”, a pod-based system currently available in the US and the UK. A heating element is contained within the pod for heating the vaping liquid and is replaced after each use. The product is currently being considered for the Canadian market. The company also presented the “blu Ace”, an open system requiring coil replacement and addition of liquid prior to every use. This product, on the market since 2009, is currently available in the US and France.

Retail and online access

Fontem Ventures indicated that it would make its products available via vape shops, convenience stores and online. For online sales, an age verification portal would be created.

Proposed Vaping Product Regulation

Fontem Ventures stated that it is in favour of quality standards and raising the bar through regulations and compliance and enforcement, including reporting and product testing.

With respect to product regulation, HC explained that all vaping liquids containing nicotine must comply with the Consumer Chemicals and Containers Regulations, 2001 and with respect to health and safety, all vaping devices and vaping liquids must comply with the Canada Consumer Product Safety Act. A risk-based approach is taken for compliance and enforcement under the CCPSA and CCCR, 2001. HC indicated that Fontem Ventures could be added to the CPSD stakeholder list for communications.

Fontem Ventures had several specific questions about compliance with the Tobacco and Vaping Products Act. HC indicated that these questions required case-by-case analysis and were outside the scope of the meeting agenda, and encouraged Fontem Ventures to direct these questions to the Tobacco and Vaping Compliance and Enforcement Program (TVCEP). 

HC confirmed that regulations for vaping products are in development, and that the regulatory proposal would include child-resistant requirements.

Excise

Fontem Ventures had questions about excise; however, HC indicated that this topic was beyond the scope of HC’s mandate, and encouraged Fontem Ventures to redirect their questions to the relevant department.

Conclusion:

The meeting was then concluded.

Documents:

• Infographic