Tag: Canada

Law Review Urges Action to Protect Youth

Image: Tobacco Reporter archive
While Canada’s Tobacco and Vaping Products Act (TVPA) is making progress toward meeting the objectives it set out in relation to vaping, more works remains to be done, particularly in terms of protecting youth, according to the first review of the legislation, which was recently tabled in Parliament by Minister of Mental Health and Addiction and Associate Minister of Health Carolyn Bennett, reports Health Canada.
The review identifies areas for potential action, including examining access to vaping products by youth, communicating the potential benefits of vaping as a less harmful source of nicotine for people who smoke and completely switch to vaping as well as the health hazards, strengthening compliance and enforcement, and addressing scientific and product uncertainty to better understand the vaping product market and the health impacts of vaping.
“Vaping products offer the 3.8 million Canadians who smoke a less harmful source of nicotine than tobacco products and do help people to stop smoking,” said Bennett. “These products, however, are not without risk—particularly to youth and people who do not smoke cigarettes. This first legislative review of the Tobacco and Vaping Products Act is a valuable opportunity to take stock of the progress we’ve made to address youth vaping—but there is more to do. Our government will continue to work to put the right safeguards in place to protect young people from the harms of vaping and nicotine addiction.”
The TVPA was implemented in 2018 to respond to the increasing availability of vaping products in Canada and to help ensure that Canadians would be informed about and protected from the health hazards associated with vaping. It regulates the manufacture, sale, labeling and promotion of vaping products sold in Canada.
The TVPA includes a requirement for a legislative review three years after coming into force and every two years thereafter to provide a means to examine and respond to tobacco-related and/or vaping-related issues that may emerge over time.
The review was informed by a public consultation that ran from March 16, 2022, to April 27, 2022.
December 12, 2022
British Columbia Juul Litigation to Proceed

Photo: niroworld
The Supreme Court of British Columbia has dismissed an application from Altria Group to stay or dismiss proceedings against the company in a class action lawsuit against Juul Labs, reports The Lawyer’s Daily. Altria owns 35 percent of Juul.
The claim alleges that Altria conspired with Juul in the sale of nicotine vaping devices to youth in particular with the goal “to convert them into smokers” in part through nicotine addiction.
The class action suit was initially filed in September 2019, shortly after Health Canada issued an advisory for vapers to “monitor themselves for symptoms of pulmonary illness … and to seek medical attention promptly if they have concerns about their health.”
“This is an important decision that ensures that Canadians are able to sue all the parties that they allege have harmed them,” said Daniel Bach, a partner in Siskinds, about the Supreme Court decision. “We look forward to litigating these issues against Altria on the merits.”
Juul has been pummeled by lawsuits and mounting restrictions on the production and sale of vaping products in recent years. The e-cigarette maker has suffered financially as a result.
Since 2019, Juul has halted all U.S. advertising, discontinued most of its flavors and attempted to rebrand itself as a product for older smokers who seek alternatives to cigarettes.
According to press reports, Juul has been preparing to file for Chapter 11 bankruptcy.
This was the second appeal by Altria in this class action that British Columbia courts have dismissed. In October 2021, the B.C. Court of Appeal dismissed an appeal to an order allowing cross-examination on its affidavits in the company’s jurisdictional challenge.
October 19, 2022
Kaival Launches PMI’s Veeba in Canada
Kaival Brands Innovations Group (KBI) announced the launch of Philip Morris International’s Veeba disposable e-cigarette in Canada.
In June, Kaival and PMI signed an agreement for the development and distribution of electronic nicotine-delivery system products in markets outside of the U.S.
“The agreement with Philip Morris Products was a remarkable accomplishment for the company, and now we have advanced to the next phase of international distribution with the actual launch of their custom branded product, Veeba,” said Eric Mosser, president and chief operating officer of Kaival Brands, in a statement.
“We are excited to support PMI’s efforts to provide a range of alternatives compared to cigarettes. The commercialization of Veeba complements PMI’s already strong smoke-free portfolio, providing adult smokers with an even broader range of usage, taste, price and technology options.”
The agreement licenses PMI to manufacture, promote, sell and distribute the Bidi Stick and any newly developed devices in certain markets outside of the United States, with potential royalties owed to KBI.
July 26, 2022
Quebec to Help Medicago Cut PMI Ties

Photo: Leigh Prather
The government of Quebec wants to help Medicago replace its shareholder Philip Morris International with another investor so that the biotech firm can distribute its Covifenz Covid-19 vaccine internationally, reports CTV News.
In February, Health Canada approved Covifenz, a tobacco plant-based coronavirus vaccination developed by Medicago and GlaxoSmithKline, for adults aged 18 to 64. In December 2021, the company said its two-dose vaccine was 71 percent effective in preventing Covid-19 infections, according to a large study that included several variants.
However, in May, the World Health Organization rejected Covifenz, citing Medicago’s firm’s links to PMI, which owns 21 percent of Medicago shares. Article 5.3 of the WHO Framework Convention on Tobacco Control obliges parties to ensure that their policies are protected “from commercial and other vested interests of the tobacco industry.”
The Canadian government has signed a contract to purchase up to 76 million doses of Covifenz. Canada had planned to donate any excess vaccines to low-income countries through the Covax vaccine-sharing alliance. Since the WHO has denied Medicago’s request, Canada will not be able to donate doses of Covifenz.
Quebec Economy Minister Pierre Fitzgibbon has been talking with Medicago’s other shareholder, Mitsubishi Tanabe Pharma, about the possibility of buying out PMI. Mitsubishi has asked the Quebec government for support so that Medicago’s vaccines “can receive a favorable reception from the WHO and be marketed on a large scale,” according to a recent entry in the Quebec Registry of Lobbyists.
Canadian health groups applauded the efforts to replace PMI as a major shareholder.
“Philip Morris’s involvement in Medicago is the main obstacle to widespread international distribution of the plant-based Covid-19 vaccine,” said Flory Doucas of the Quebec Coalition for Tobacco Control in a statement. “Medicago has previously signaled that alternative investors would help facilitate this outcome. Quebec’s intentions to buy out Philip Morris’s shares from Medicago is the logical path to the eventual approval for this vaccine by the World Health Organization.”
June 21, 2022
Canada Proposes Federal Vape Tax

Photo: Roman R
The Canadian government has proposed the country’s first federal vape tax, which would take effect Oct. 1 if passed, according to Vaping360.
The tax applies only to nicotine-containing products, including pod-style and cartridge-style refills, disposable vapes and bottled e-liquids as well as nicotine base for DIY liquids. It does not apply to hardware that is sold without e-liquids. The tax also includes an option for Canadian provinces to add on their own, equally large, taxes.
Vaping products would see a tax of CAD1 ($0.97) per 2 mL for the first 10 mL of e-liquid in any sealed container and $1 per 10 mL for additional liquid in the same container. Sealed pods would be taxed separately at a minimum of $1 per pod.
Retailers would have until Jan. 1, 2023, to sell any untaxed stock they still have on Oct. 1 when the law would go into effect.
The tax is awaiting a vote by Parliament’s House of Commons, which is expected to take place either at the end of April or beginning of May.
April 8, 2022
Canada Opens Consultation on Tobacco and Vaping Act

Photo: JHVEPhoto
The government of Canada has opened public consultation on the Tobacco and Vaping Products Act (TVPA) ahead of its mandatory parliamentary review. Stakeholders can provide input until April 27, 2022.
In 2018, the TVPA was amended to protect youth and nonsmokers. The amended act recognized that vaping was significantly less harmful than smoking, and smokers that switched to vaping could reduce their exposure to thousands of chemicals. The act introduced measures to protect youth through various labeling and promotion regulations.
Darryl Tempest
Tobacco harm reduction advocates welcomed the consultation. “Vaping has helped millions of smokers quit and has the potential to help millions more if it weren’t for the misrepresentations of the industry by media and misperceptions surrounding the product itself. It is imperative that Parliamentarians have the opportunity to hear from a wide range of experts as part of the TVPA review process,” said Darryl Tempest, government relations advisor to the Canadian Vaping Association (CVA).
Health Canada’s discussion paper states, “For adults who smoke, there appears to be a lack of awareness that vaping products are a less harmful source of nicotine for those who currently smoke and switch completely to vaping. A 2020 survey found that only 22 percent of current smokers recognized that vaping is less harmful than smoking cigarettes.”
In its consultation submission, the CVA will urge Health Canada to rectify this through the issue of relative risk statements for approved use by licensed specialty vape shops. In 2018, Health Canada proposed a “List of Statements for Use in the Promotion of Vaping Products.” According to the CVA, this proposal has been put on the back burner and has languished in Health Canada’s bureaucracy to the detriment of potential public health gains from smokers switching to vaping.
“Instead of issuing reasonable statements for use by specialty vape shops, the TVPA has effectively gagged the vape industry through Section 30.43,” the CVA wrote in a press release. Section 30.43 prohibits “the promotion of a vaping product in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emission or by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions. The purpose of this prohibition is to prevent the public from being deceived or misled with respect to the health hazards of using vaping products.”
“The CVA looks forward to actively participating in the review process and will advocate for enhanced measures to protect youth as well as increased smoker-targeted messaging on the benefits of switching to vaping. We encourage all stakeholders to submit feedback,” said Tempest.
March 24, 2022
Flavor Ban Risks Lives, Warns Cardiologist

Photo: Tobacco Reporter archive
Restrictions on flavors in vaping products would be a drastic setback in the battle to reduce the 48,000 Canadian lives lost every year to smoking, according to a new independent study released on Jan. 11.
The review, covering more than 340 articles of evidence on e-cigarette flavorings, concludes that they are “inextricably linked” to smoking cessation and should be made more accessible and affordable to adults trying to quit.
“Well-regulated use of flavors can and should be considered as a valuable tool to help prevent disease and save the lives of adult smokers who cannot or will not quit by themselves or with other approved methods,” says report author Konstantinos Farsalinos, a cardiologist with a career devoted to tobacco harm reduction.
Farsalinos released his review at a webinar on Dec. 15, 2021.
The report, which examines the science, consumer insights, risks and regulatory considerations related to e-cigarettes, comes as Health Canada seeks to implement a ban on flavored vapes.
“We’re at a crossroads where policymakers are about to turn away from the evidence showing flavors help smokers transition to products that carry only a fraction of the risk of combustible cigarettes, thereby preventing disease and saving lives,” said Farsalinos.
“If bans were allowed, it would ultimately drive consumers to tampering, illicitly traded products, towards the black market, or back to traditional cigarettes.”
Electronic nicotine delivery systems (ENDS) are now the overriding method of choice for smokers who want to quit, says the report. Studies show users of flavored e-cigarettes are up to three times more successful.
The review highlights the work of David Levy, who developed the Smoking and Vaping Model, which allows researchers to calculate the life-saving potential if all adult cigarette smokers were to switch to nicotine vaping products. Applied to Canada, 130,000 deaths could be avoided between 2012 and 2052 if Canadian smokers switched to vaping. This would save 2.5 million life years.
The report points out that flavors are used to improve the efficacy of nicotine replacement therapy products, such as lozenges and gums, which feature on the World Health Organization’s list of essential medicines.
“Surely, if the WHO considers flavorings an essential anti-smoking tool in nicotine lozenges, the same should apply for consumer acceptance in nicotine vaping products” said Farsalinos.
“Vaping is already delivering results in Canada by helping long-term smokers who have struggled to quit to finally give up the habit. To misguidedly deny desperate smokers their best chance of quitting is needlessly putting their health at risk.”
The report recommends better access and affordability for quitting tools such as flavored vapes “through proportionate, risk-based regulation and robust monitoring.”
Concerns about underage use of vapes would be best addressed by focusing on youth access at the point of sale and the elimination of flavor descriptors clearly targeting the young, it adds.
January 11, 2022
Quebec: Court Upholds Vape Ad Ban

Photo: Matthew Benoit
A panel of three Court of Appeals judges unanimously reversed the parts of a 2019 Quebec Superior Court decision that struck down some provisions of the Tobacco Control Act pertaining to vaping products, reports Global News.
The Quebec Superior Court had ruled that some of the province’s restrictions on vaping products, such as banning advertising, went too far because they could possibly prevent smokers from switching to noncombustible products.
The appeals court judges cited research from the World Health Organization and other experts regarding the rise in youth vaping rates, ruling that the Quebec government has the right to limit potential effects of advertising on youth and nonsmokers.
“In this case, it was therefore reasonable for the legislator to intervene to limit the potential effect of electronic cigarette advertising, especially on young people,” Justice Benoit Moore wrote on behalf of the panel. “The risks associated with the fact that the vaping industry is evolving and that it is gradually being taken over by the tobacco companies cannot be excluded from the analysis of the legislator.”
The court also upheld the right to ban vaping product demonstrations inside shops or specialized clinics.
November 18, 2021
CVA Protests ‘Double Standard’ in Regulation

Photo: Валентин Копалов
The Canadian Vaping Association (CVA) says it is astounded by “the hypocrisy and inequity” in the regulation of adult products.
Alcohol, a substance known to cause significant harm to health, faces no restrictions on the use of flavorings or warning label requirements in Canada, according to the association. On the other hand, nicotine vape products, harm reduction products used primarily by smokers seeking to quit, have undergone rigorous regulation culminating in a proposal to restrict all pleasant “sensory attributes.”
Darryl Tempest
“Flavors are a common denominator across adult products,” the CVA wrote in a statement. “As the cannabis and vaping industries battle to keep flavors for adults, the alcohol sector operates freely and advertises broadly. The staggering double standard that exists for alcoholic beverages is absurd when compared side by side.”
“Vaping, unlike recreational cannabis or alcohol, provides a public health benefit,” said Darryl Tempest, executive director of the CVA. “The goal of health policy should be to capitalize on public health gains. Canada has now seen through Nova Scotia’s flavor ban that reducing the appeal of vaping products to smokers results in increased smoking and the destruction of small businesses. The proposed regulations are not fit for purpose. Canadians don’t want regulation that causes increased smoking rates and fewer jobs.”
September 14, 2021
Canada: Flavor Ban Could Boost Smoking

Photo: jedsadabodin
Health Canada has made a “startling admission” that its recent policy to ban the sale of flavored vapor products could contribute to a rise in cigarette consumption, reports Filter, a publication owned and operated by The Influence Foundation, a nonprofit organization that advocates for rational and compassionate approaches to drug use, drug policy and human rights.
Into its regulatory impact analysis statement on the intended flavor ban, Health Canada acknowledges that its legislation could lead to an increase in smoking, according to Filter.
“It is anticipated that some dual users who currently use flavored vaping products would not substitute their purchases with tobacco[-flavored] and mint/menthol-flavored vaping products. They would choose to purchase more cigarettes,” the statement reads.
“The statement is very direct. It’s basically saying, ‘We’re Health Canada, and we’re going to do something that kills Canadians,’” said David Sweanor, an industry expert and chair of the Advisory Board for the Centre for Health, Law, Policy and Ethics at the University of Ottawa.

“The statement is very direct. It’s basically saying, ‘We’re Health Canada, and we’re going to do something that kills Canadians.'”
David Sweanor, chair of the Advisory Board for the Centre for Health, Law, Policy and Ethics at the University of Ottawa
Matt Culley, a board member of the U.S.-based CASAA, a consumer advocacy nonprofit that promotes smoke-free alternatives to combustible tobacco, said, “The fact that a government can brazenly admit their policy will lead to more smoking and death is wild. It really goes to show how demonized vaping remains.”
The policy appears to be at odds with Canada’s intention to reduce its smoking rate to 5 percent by 2030.
“Our policies have not aligned with the country’s goals,” Darryl Tempest, the executive director and chief advocate of the Canadian Vaping Association (CVA), told Filter. “It is not a public policy that relates to adults or harm reduction or small businesses.”
The country amended its tobacco laws to include vaping products in 2018, and some Canadian provinces have already enacted their own flavor bans.
June 27, 2021