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The federal government says more details on restrictions on flavored vaping products are expected “soon” – and a government source suggests that could mean within the next month.
Ottawa pledged to implement regulations in 2021 to ban flavors other than tobacco, mint and menthol from being added to e-cigarettes.
Three years later, such restrictions no longer exist nationally, but the promise has remained amid a broader federal push to crack down on the sale and appeal of new forms of nicotine to young people.
In a statement to Global News, when asked about the pledge, a spokesperson for Minister of Mental Health and Addictions Ya’ara Saks said the pledge remains in place and that the delay is partly due to the desire for it to ensure that a national framework works.
“Let’s be clear: selling or giving vaping products to anyone under the age of 18 is illegal,” the spokesperson said. “But we need to do this the right way so that we don’t create loopholes that further endanger our youth or become difficult to enforce.”
Saks’ office pointed to jurisdictions like Quebec, where it said the province’s ban on flavored vapes led to an accessible illicit market, adding that other jurisdictions’ own plans would “inspire future action.”
Quebec’s ban prohibits the sale of any form of vapor, except tobacco flavored or vapors that have no taste or aroma.
Rob Cunningham, senior policy analyst at the Canadian Cancer Society, said action is needed now.
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“We shouldn’t have all these appealing flavors in a way that leads to young people becoming addicted,” Cunningham said. “We see a new generation of children becoming addicted to nicotine through e-cigarettes.”
The Canadian Tobacco and Nicotine Survey, published by Statistics Canada in September 2023, shows that almost half of young adults aged 20 to 24 and a third of 15 to 19 year olds have tried vaping at least once.
The survey also found that nearly 40 percent of people age 15 and older who vaped in the past 30 days from the time the survey was conducted said they had never smoked before.
What might limitations look like?
Saks’ office said they have been working with tobacco control groups over the past year, including meetings that took place early this month.
Cunningham said a national ban is necessary because it would cover interprovincial shipments and online sales and could potentially involve the Canada Border Services Agency in handling products arriving from other countries.
Yet vaping advocacy groups such as Rights4Vapers say a complete ban would lead to people taking up smoking again, and would also create an illicit market.
“Flavors have been banned in one of Canada’s largest provinces, Quebec, and nothing has happened,” said Maria Papaioannoy, spokesperson for Rights4Vapers. “There are flavors available. There is an illegal black market; it flourishes.”
Rights4Vapers are among the organizations that have had discussions with Saks about possible restrictions.
While she said full restrictions would not be helpful, Papaioannoy told Global News there are ways to ensure flavored vape products can be restricted.
She cited Ontario as an example, where only flavored vaping products are allowed to be advertised and sold in specialty vape stores that only sell to customers 19 and older.
But education is also needed, looking at what can encourage young people to start vaping.
According to the U.S. Centers for Disease Control and Prevention, many college students who vape have reported using e-cigarettes because they felt anxious, stressed or depressed.
“So we need to look at these things and look deeper instead of being reactive and dramatic,” she said. “The fact is that we are banning flavors and children are going to the black market.”
Sam Tam, president of the Canadian Vaping Association, said such a move by vape users is why the focus should be on strengthening retail enforcement, such as guaranteeing fines for sales to minors as punishment.
“So those who intentionally sell to minors will think twice before taking non-compliant actions regarding sales,” Tam said.
Tuesday’s comments from a government source are the closest to a final date and come just a few weeks after anti-tobacco health groups called on Saks to quickly implement a ban or resign.
The groups said provinces were struggling with a lack of federal leadership on the issue and accused industry interference in a ban on flavored vape products.
— with files from Jillian Piper of Global News
© 2024 Global News, a division of Corus Entertainment Inc.
Sean Previl
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