BEAMSVILLE, Ontario, April 19, 2023 (GLOBE NEWSWIRE) -- Today, the Government of Quebec released the Official Gazette of Quebec proposing a ban on flavoured nicotine vaping products except for tobacco flavour. The Gazette also proposes a volume limit of 2 mL on prefilled devices and a limit of 30 mL on refill containers. Additionally, that the draft 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.
The Canadian Vaping Association (CVA) is aggrieved by the proposed regulations which have come after the association and industry advocates clearly outlined the negative consequences of such policy to the Government of Quebec. Vaping is proven to be significantly less harmful than smoking, and there is substantial evidence from jurisdictions that have already implemented flavour bans that the public health outcome is negative, as many vapers will return to smoking and fewer smokers will switch to vaping.
Moreover, within the proposed regulation, the Government of Quebec recognises that specialty vape stores will experience closures and job losses, while convenience stores who sell tobacco company owned brands will experience a lesser impact on sales. The CVA believes that the Government of Quebec does not fully appreciate the scope of the anticipated economic impact. Canada has already seen through Nova Scotia that within 90-days of a flavour ban, the speciality industry was decimated. Quebec will experience thousands of business closures, job losses, broken lease agreements and terminated contracts with tertiary suppliers.
“Ironically, Quebec began this regulatory process because of a news article claiming vape shops were enticing youth to vape by selling candy. The end result of the proposed regulation is the destruction of Quebec’s only age-restricted access point. Should a flavour ban be implemented, vape products in Quebec will only legally be sold beside candy through the convenience store channel,” said Darryl Tempest, Government Relations Counsel to the CVA Board.
Within the proposed regulations, the Government of Quebec gives no indication that it has given any consideration to public health impacts or regulatory alignment with federal health objectives. The premise that the flavour ban has been proposed to protect young people is flawed in two respects. First, there has been no published data on youth vaping rates in Quebec since 2020. This regulation has been proposed based on 3 year old data, while addiction experts have stated they believe youth vaping has plateaued and is in decline. Second, prohibitionist policies like flavour bans actually weaken youth protections. The absence of a legal and regulated market opens the flood gates for the illicit market to fill the demand. A flourishing black-market provides easier access to youth since illicit sellers do not verify age and sell products that do not conform to Canadian regulatory standards. The contraband market will supply high nicotine and youth appealing products that are otherwise prohibited for sale by the regulated market.
Meanwhile, an alternative exists that better protects everyone: ban flavours at any point of sale accessible to youth, but allow flavours in strict access-controlled, adult-only vape shops. This solution has been effective at protecting youth while balancing adult access in Ontario and British Columbia. Unfortunately, Quebec has chosen to forgo this practical solution in favour of an ineffective prohibitionist approach.
“Quebec’s decision to ban flavours is a major win for tobacco companies, out of province vendors and contraband sellers. 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 favour of multinational corporations,” said Tempest.
Quebec’s flavour prohibition violates the constitutional rights of vulnerable Quebecers to access effective harm reduction products that are crucial to enabling them to fight and manage addiction. The CVA is fully prepared to support a constitutional challenge to the regulation and to fight for the right to access safer alternatives to smoking.
About the CVA: The Canadian Vaping Association is a registered national, not-for-profit organization, established as the voice for Canadian vaping industry. Founded in 2014, the CVA represents over 200 retail and online vaping businesses in Canada. The CVA does not accept membership or funding from tobacco companies or affiliates. The association is a liaison with the federal and provincial governments on all legislative and regulatory issues related to the industry. The primary goal of the CVA is to ensure that government regulation is reasonable and practical, through the strategy of professional proactive communication and education.
Contact Info:
Darryl Tempest
Government Relations Counsel to the CVA Board
dtempest@thecva.org
647-274-1867
