The Canadian Vaping Association: British Columbia’s youth and non-smokers will continue to be protected through strong federal labelling and packaging regulation


BEAMSVILLE, Ontario, June 02, 2022 (GLOBE NEWSWIRE) -- An op-ed, Why is plain packaging for e-cigarettes no longer required in B.C.?, published by The Province, questions British Columbia’s decision to amend the plain packaging requirement for vape products. The authors imply that this decision was the result of tobacco and vaping industry lobbying; one of several claims demonstrating the authors’ misunderstanding of vaping and the Canadian regulated industry.

Although plain packaging regulation came into force in August 2020, the plain packaging requirement was never defined. This created significant challenges for both vape companies and enforcement officers.

“The CVA takes regulatory compliance very seriously and communicates all regulatory requirements to our membership. When the E-Substance Regulation was enacted, the CVA contacted the Ministry of Health multiple times throughout 2020 and 2021 trying to obtain a plain packaging definition and guidance,” said Darryl Tempest, Government Relations Counsel to the CVA Board.

Despite British Columbia’s amendment to plain packaging, youth and non-smokers continue to be protected from inducements to vaping through extensive federal regulation. The Tobacco and Vaping Products Act (TVPA), Vaping Products Labelling and Packaging Regulations (VPLPR) and Vaping Products Promotion Regulation (VPPR), give Canada the strongest regulation globally. Where vaping products or advertising can be seen by youth, federal regulations prohibit:

  • Advertising that could be appealing to young persons
  • Lifestyle advertising (glamour, recreation, excitement, vitality, risk, daring) of vaping products/brand elements
  • Advertising using testimonials and endorsements. Any depiction of a person, character or animal – real or fictional – is deemed to be a testimonial/endorsement and is therefore banned.
  • Sponsorship promotion of vaping products and its related brand element or the name of a vaping product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity, or permanent facility
  • Any appearance, shape or other sensory attribute or function that could make the vaping product appealing to young persons
  • Indications and illustrations on vaping products/packages that suggest flavours are banned if they could be appealing to young persons
  • Promotion of confectionery, dessert, cannabis, soft drink and energy drink flavours is banned, because of perceived attractiveness to youth
  • All vaping product/brand advertising that can be seen or heard by young persons
  • Point-of-sale displays of vaping products and packages that can be seen by young persons
  • Point-of-sale displays of objects that show vaping product brand elements, and can be seen by young persons

Additionally, the following statements are required:

  • All vaping product/brand advertising must carry a nicotine warning (“WARNING: Vaping products contain nicotine, a highly addictive chemical.” or “WARNING: Vaping products release chemicals that may harm your health.”)
  • All vaping products that contain nicotine must display a nicotine concentration statement (e.g. “Nicotine – 3 mg/mL”) and a nicotine warning (“WARNING: Nicotine is highly addictive.”)

“Federally, Health Canada has taken a strong and balanced approach to labelling requirements. The restrictions are some of the most extensive in the world and allow for the use of colour and some plain design elements in the limited space that is not used for required warnings and text. According to Health Canada, vaping is less harmful than smoking. Reasonably, the regulatory requirements between the two products must be different,” said Tempest.

In addition to expressing discontent with B.C.’s changes to labelling requirements, the op-ed is used to propagate debunked myths about vaping’s efficacy and vaping leading to smoking.

A systematic review of vaping’s efficacy concludes, “nicotine-containing e-cigarettes are superior to NRT, non-nicotine-containing e-cigarettes and behavioural interventions in helping people quit cigarettes.” This is evidenced by the tens of millions of people globally who have quit smoking using a vape product. In fact, New Zealand and the United Kingdom’s goal is to be smoke-free by 2025 and 2030 respectively, and vaping products play a role in their strategy.

In regard to vaping leading youth to smoke, Health Canada states, “There have also been concerns that an increase in youth vaping may lead to increases in youth smoking rates in Canada. However, recent data … suggests that, thus far, this has not been the case. Smoking rates, for both youth and adults, continue to decline and are at an all-time low. The prevalence of daily smoking among youth aged 15 to 19 years was so low (small sample size) that it was considered to be 'unreportable' in 2020.”

“Concern that amendments to vaping regulation could weaken youth protection is warranted, however we are confident that British Columbia’s youth will remain protected through enforcement of the province’s E-Substances Regulation and the existing federal regulation. The province is well positioned to continue to protect youth and non-smokers,” concluded Tempest.

Darryl Tempest
Government Relations Council to the CVA Board
dtempest@thecva.org
647-274-1867