Health Canada Webinar with the Convenience Industry Council of Canada – March 11, 2024

Subject(s):

The proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours)

Date:

March 11, 2024

Participants:

Tobacco Control Directorate (TCD) speakers:

• Sonia Johnson (Chair), Director General, Tobacco Control Directorate (TCD), Controlled Substances and Cannabis Branch (CSCB)
• Denis Choinière, Director, Tobacco Products Regulatory Office, TCD, CSCB

Convenience Industry Council of Canada (CICC):

• Jeff Brownlee, VP, Communications and Stakeholder Relations, CICC
• Kate Harrison, Summa Strategies Canada, Inc.

Introduction:

TCD met with some key stakeholders to discuss the proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours) and confirm that their comments and views had not changed since the prepublication consultation that closed in September 2021.

The Chair opened the meeting with round table introductions.

TCD reminded participants that this meeting is subject to disclosure as per HC's Openness and Transparency policies. In the interest of transparency, the Department stated that it would be making a record of the meeting publicly available. The handling of information and privacy notice was mentioned and acknowledged.

HC also referred to Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), its international obligation to protect tobacco control policies from the vested interests of the tobacco industry. It was acknowledged by CICC representatives.

Subjects:

The Tobacco Control Directorate provided an overview of the regulatory proposal published in the Canada Gazette, Part I, on June 19, 2021, including theStandards for Vaping Products' Sensory Attributes Regulationsand the Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours).

The proposal would limit the available vaping flavour options using a three pronged approach, including: further restrictions on promotion; prohibition on most flavouring ingredients, and all sugars and sweeteners in vaping products; and prescribing sensory attributes standards.

More specifically, the proposal includes the following measures:

• Further restricting the promotion of flavours, the proposal would amend Schedule 3 to the Tobacco and Vaping Products Act(TVPA) to expand the list of flavours whose promotion is prohibited;
• The use of any descriptors or illustrations on vaping product packaging would also have to comply with the current restrictions on promotion under the TVPA;
• The proposal would amend Schedule 2 of the TVPA, resulting in a ban on most flavouring ingredients and on all sugars and sweeteners from use in vaping products;
• The prohibition on the use of sugars and sweeteners would align with existing bans on their use in tobacco products and cannabis extracts; and
• The proposal would set out standards mandating that a vaping product or its emissions have sensory attributes that would only smell or taste like tobacco or mint/menthol.

TCD also provided a summary of concerns heard during the consultation period and sought to validate whether concerns from the CICC remain the same.

The CICC reiterated their comments and said their position remains the same: they do not support an outright ban on flavours. They emphasized that many people who smoke buy their cigarettes at convenience stores, and they feel it is important to offer enticing, less harmful alternatives in the same stores for people who smoke who might want to quit.

Most of all, CICC wanted to stress that the illicit market could increase should the proposed regulations be made final. Additionally, they stated that they have been seeing a proliferation in the illicit market in the last two to three years, especially in the last six months. Finally, the CICC stated that online age verification mechanisms are nearly non-existent.

The Chair thanked participants for their comments.

Conclusion:

The meeting was then concluded.

Documents:

• Presentation prepared by TCD