Gazette I

The proposal would consist of the proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours) and the proposed Standards for Vaping Products’ Sensory Attributes Regulations. The proposal would restrict the manufacture, promotion, and furnishing (including retail sale) of flavoured vaping products in Canada. The proposal would not apply to suppliers of flavouring ingredients nor would it apply to the export of flavoured vaping products. More specifically, the proposal would involve three components:

Further restricting the promotion of flavours.

The proposal would amend Schedule 3 to the TVPA to expand the list of flavours whose promotion is prohibited. Promotion includes any indication such as the name or descriptor, or illustration, including a brand element, on the packaging or elsewhere. footnote 48 The only flavours that could be promoted would be that of tobacco and that of mint, menthol or a combination of mint and menthol (hereafter referred to as mint/menthol). Promotions for a tobacco flavour could include a reference to a type of tobacco (e.g. “Virginia tobacco”), but not to a type of tobacco product (e.g. pipe tobacco). Reference to a type of mint (e.g. “peppermint”) would be allowed on vaping product packaging, but not to a type of product made with mint (e.g. “mint mojito”). The use of any descriptors or illustrations on vaping product packaging would have to also comply with the current restrictions on promotion under the TVPA.

Prohibiting most flavouring ingredients, and all sugars and sweeteners in vaping products.

The proposal would amend Schedule 2 to the TVPA, resulting in a ban on most flavouring ingredients and on all sugars and sweeteners from use in the manufacture of vaping products, unless these products are for export or authorized under the FDA. The ban would apply to ingredients that have flavouring properties or that enhance flavour. Ingredients can be identified as having such properties by consulting different sources, including the documents incorporated by reference in the proposal. footnote 49 A list of 40 excluded ingredients footnote 50 that could be used to impart a tobacco flavour, and a separate list of 42 that could be used to impart a mint/menthol flavour, would be set out in the Schedule. footnote 51

Gazette II

Nicotine Concentration in Vaping Products Regulations: SOR/2021-123

Canada Gazette, Part II, Volume 155, Number 13

Registration

SOR/2021-123 June 10, 2021

TOBACCO AND VAPING PRODUCTS ACT
CANADA CONSUMER PRODUCT SAFETY ACT

P.C. 2021-518 June 10, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, makes the annexed Nicotine Concentration in Vaping Products Regulations pursuant to

1. sections 7.8footnotea, 17footnoteb and 33footnotec of the Tobacco and Vaping Products Actfootnoted; and
2. section 37footnotee of the Canada Consumer Product Safety Actfootnotef.

Nicotine Concentration in Vaping Products Regulations

Definitions

The following definitions apply in these Regulations.

Act
means the Tobacco and Vaping Products Act. (Loi)

vaping substance
has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. (substance de vapotage)

Application
Retail sale — vaping products
2 (1) These Regulations apply to every vaping product that is intended for retail sale in Canada, as well as to its packaging.

Vaping products — otherwise furnished
(2) These Regulations also apply to every vaping product that is intended to be otherwise furnished, in Canada, at a point of sale that is a retail establishment where vaping products are ordinarily sold, as well as to the packaging of such a vaping product.

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