The Canadian Vaping Association (CVA) has expressed concern over recent attempts by tobacco control lobbyists to convince the government to ban vape flavors nationwide. According to the trade group, such a ban would have negative public health consequences and undermine Canada’s goal of reducing smoking rates to less than 5 percent by 2035.
“We must acknowledge and not ignore that more than 1.5 million adult vapors in Canada use flavored vaping products to stop smoking,” the CVA wrote in a statement.
“We agree underage youth should not vape; however, more needs to be done through education and providing the necessary tools for parents, teachers, coaches and community members to understand the underlying issues as to why youth are vaping and providing solutions to solve their nicotine dependence.”
According to the CVA, Canada already has some of the best vape regulations globally, covering labeling, packaging, marketing, promotions, reporting and nicotine concentration limits. The group also urged the tobacco control lobbyist to consider the risks of the illicit market.
“The bullying tactics of anti-harm reduction lobbyists pressuring Minister Saks and Health Canada to act quickly will only help grow the black market of vaping products,” the CVA wrote. “This will make vaping more accessible to youth at much lower prices and greater risk to their health.”
Recent claims by health advocates blaming flavored e-cigarettes for the rise in youth vaping are unfounded and lack proper context, according to the Canadian Vaping Association (CVA). The real issue, according to the advocacy group, is the lack of enforcement of the illicit trade and individuals buying for minors.
“The CVA stands by its position that flavors are not the cause of youth vaping,” the CVA wrote in a statement. “The problem is the sale of vaping products to minors through the black market and straw sale. The industry has taken a proactive approach by implementing stringent age verification measures for our membership and [is] actively working with law enforcement to prevent such sales.”
“I will be reaching out to all the health advocacy groups to extend an invitation to form a working group. Our intention is to work together to address these complex issues and find practical and enforceable solutions. Canadians deserve to have all stakeholders working together for the betterment of public health,” said Darryl Tempest, government relations counsel to the CVA board.
The CVA believes that policies must be evidence based and consider the interests of all stakeholders. The CVA encourages health organizations to work with industry leaders and regulatory bodies to find common sense policies that will protect youth while supporting the health outcomes of adults battling addiction.
A proposal by the government of Quebec to ban nontobacco-flavored nicotine vaping products will have negative consequences for public health if enacted, according to the Canadian Vaping Association (CVA).
In addition to the flavor restrictions, the recently released draft legislation proposes a volume limit of 2 mL on prefilled devices and a limit of 30 mL on refill containers. Additionally, the regulations would restrict nicotine concentrations to 20 mg/mL and prohibit the use of any form, appearance or function that may be attractive to minors, both of which have already been regulated by the federal government.
If the draft rules are implemented, Quebec, with its population of 8.5 million, will become the largest Canadian province to prohibit flavors, according to Vaping360. Quebec is the country’s second-most populous province. According to the Alliance of Vape Shops in Quebec, there are over 400 independent vape shops in the province, employing over 2,200 people and generating more than $300 million in economic activity. The trade group predicts the shops will all close.
Quebec’s decision to ban flavors is a major win for tobacco companies, out-of-province vendors and contraband sellers.
In 2021, federal health agency Health Canada proposed a flavor ban that was scheduled to take effect in early 2022, but that plan seems to have been abandoned or postponed indefinitely without explanation. Health Canada’s updated vaping products regulations page makes no mention of the flavor restrictions.
The CVA says Quebec proposed its rules despite warnings by the industry about their negative impacts. Vaping is proven to be significantly less harmful than smoking, according to the CVA, which says there is substantial evidence from jurisdictions that have already implemented flavor bans that the public health outcome is negative, as many vapers will return to smoking and fewer smokers will switch to vaping.
“Quebec’s decision to ban flavors is a major win for tobacco companies, out-of-province vendors and contraband sellers,” said Darryl Tempest, government relations counsel to the CVA board, in a statement. “What Quebec has done is shift demand to tobacco owned products, retailers outside of Quebec and criminals. Quebec’s small businesses and domestic industry will be irreparably harmed in favor of multinational corporations,” said Tempest.
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.
The conclusion from a recent study that flavor ban-induced sales declines also reduce youth vaping is unwarranted, according to the Canadian Vaping Association (CVA).
A recent CDC Foundation analysis examining the change in vape product sales in Massachusetts, New York, Rhode Island and Washington after flavor bans found that statewide restrictions on nontobacco-flavored sales were associated with reductions of 25.01 percent to 31.26 percent in total unit sales compared with total sales in states without restrictions.
However, the “hasty” conclusion that the reduction in total sales has also reduced youth vaping prevalence does not hold up, according to the CVA, because the authors were unable to assess the age of purchasers.
Darryl Tempest
According to the CVA, the most common way for youth to access vaping products is through social sourcing. “Even if the age of the purchasers could be verified, a reduction in youth vaping could only be determined through additional studies,” the CVA wrote in press note.
“The problem with taking a micro view to regulation and forming policy based on individual studies is [that] the bigger picture is neglected,” said Darryl Tempest, government relations council to the CVA Board. “If we take this study at face value and assume the conclusion is accurate and less youth are vaping, on the surface it seems like this type of regulation is logical. Yet, we know from reviewing the full scope of evidence that flavor restrictions result in smoking-related illness and death.”
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.”
