Health Canada Webinar with the Canadian Vaping Association and the Vaping Industry Trade Association – March 12, 2024

Subject(s):

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

Date:

March 12, 2024

Participants:

Tobacco Control Directorate (TCD) speakers:

• Sonia Johnson (Chair), Director General
• Denis Choinière, Director, Tobacco Products Regulatory Office (TPRO)
• Manager, Vaping Regulations, TPRO

Canadian Vaping Association (CVA):

• Sam Tam, President
• Daniel David, Director/Subject Matter Expert

Vaping Industry Trade Association (VITA):

• Thomas Kersop, Managing Director
• Mike Meathrel, Chairman of Board of Directors

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 CVA and VITA 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 the Standards for Vaping Products' Sensory Attributes Regulations and 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:

• 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 provided a summary of concerns heard during the public consultation and sought to validate whether concerns from the CVA and VITA remain the same. Both groups stated their original comments were still valid and that their position is supported by evidence that has been coming out since the initial consultation.

They oppose the proposed Order and Regulations as they believe the proposal would drive people back to smoking or away from quitting. Additionally, both groups underscored that Health Canada has recognized vaping as a harm reduction tool and that it is vital to continue promoting vaping for adults who want to quit smoking in order to achieve less than 5% smoking prevalence by 2035.

The CVA stated evidence continues to emerge that vaping is better than nicotine replacement therapy at helping people who smoke to quit. Due to recent provincial/territorial bans on the sale of vaping flavours, the CVA predicts that if implemented, the Order and Regulations would lead to increased smoking rates; the development of a strong illicit market; the closure of Canadian small businesses; and prejudice to minorities groups with high prevalence of smoking.

Both the CVA and VITA were concerned about vape shop closures. They presented their findings on what they consider to be the results of flavour restrictions in Quebec. The CVA stated out of their 700 members, 450 have closed their businesses. Of the remaining 250 locations, most have converted to hybrid convenience stores and vape shops. Many offer flavour shots which are meant to be added to plain-flavoured vaping liquid. Additionally, they claimed orders for excise stamps are 10 times higher for Ontario than for Quebec, showing the sales for licit vaping products have dropped in Quebec. VITA mentioned that sales for vaping products have dropped by 30-50% at remaining locations in Quebec.

The sale of flavour shots is a dangerous trend according to the CVA and VITA. They believe it could normalize food flavourings being used in vaping liquids, which is dangerous as some can cause harm when inhaled (e.g. those that are oil-based).

Both groups felt that Health Canada is currently facing an issue with lack of compliance with existing rules, as they have found that the majority of retailers were carrying non-compliant products, and that consumers can also find non-compliant products online that can be shipped to Canada.

The CVA reiterated their concerns over the proposal, including the difficulty manufacturers would have in complying with the sensory attributes standards. Both groups believe that implementing the proposed Order and Regulations would result in the loss of the licit vaping market which, contrary to the illicit market, collects the excise tax and requires customer identification.

Finally, they wanted to reiterate the need for improved compliance and enforcement actions and for increased penalties for sales to youth. VITA restated that Health Canada needs to focus on youth access. The CVA called for a full review of theTVPAby the House of Commons Standing Committee on Health, so that the evidence on vaping can be reviewed by independent experts and the Act be adjusted accordingly.

The Chair thanked participants for their comments.

Conclusion:

The meeting was then concluded.

Documents:

• Presentation prepared by TCD