Health Canada Webinar with Rights 4 Vapers – March 15, 2024

Subject(s):

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

Date:

March 15, 2024

Participants:

Tobacco Control Directorate (TCD) speakers:

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

Rights 4 Vapers (R4V):

• Maria Papaioannoy, Spokesperson

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 R4V 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:

• 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 R4V remain the same.

R4V confirmed that their organization stands firmly behind their previous submission. They referenced a recent Cochrane review which suggests e-cigarettes are more effective smoking cessation aids than nicotine replacement therapies.

Expressing concerns, they warned against banning flavours, citing the potential rise of a black market and the diminished effectiveness of tobacco flavours for quitting smoking. They asserted flavour restrictions would undermine the role of vaping in extending the quality of life for people who formerly smoked and would contribute to vaping-related stigma, making it less likely for those who smoke to switch to vaping products.

Moreover, they criticized the proposal for potentially increasing the cost of vaping products and asserted the proposed measures would be ineffective at addressing youth vaping rates. They also cited evidence for maintaining access to flavoured vaping products since banning flavours has been associated with an increase in smoking tobacco products among youth.

They argued for more inclusive engagement from health authorities, advocating for collaborative efforts among stakeholders to develop balanced regulations, harmonizing provincial laws, enforcing existing regulations, and implementing stricter penalties for illegal sales to youth.

The Chair thanked participants for their comments.

Conclusion:

The meeting was then concluded.

Documents:

• Presentation prepared by TCD