NEWS
CANADIAN VAPE BUSINESSES BRACE THEMSELVES
AGAINST BILL S-5
Bill S-5, a controversial piece of legislation that has Canadian vape
companies worried, has passed a second reading. If made law
via Royal Assent, Bill S-5 will offi cially classify vapour products in
Canada as a health hazard, and would pose a massive challenge
to the prosperity of the domestic industry.
The bill, fi rst introduced in November 2016, was proposed as an
amendment to several Acts of Parliament, among them were the
Tobacco Act and Non-smokers’ Health Act. It would offi cially rename
the Tobacco Act the “Tobacco and Vaping Products Act,” a clear
indication of how vaping products are viewed in the political arena.
Clarifi cation of the laws around vaping in Canada would be welcomed
in the industry, but pro-vaping fi gureheads fear this bill would take
it too far. The full text of the bill contains an ugly streak of anti-vaping
rhetoric that has frustrated vapers by confl ating vapour products with
tobacco – a depressingly familiar theme within vaping regulation:
“The purpose of this Act with respect to vaping products is to support
the objectives set out in subsection (1), to prevent vaping product use
from leading to the use of tobacco products by young persons and
non-users of tobacco products and, in particular,
(a) to protect young persons and non-users of tobacco products
from inducements to use vaping products;
(b) to protect the health of young persons and non-users of tobacco
products from exposure to and dependence on nicotine that could
result from the use of vaping products…”
The bill is extensive, covering restrictions on advertising, packaging,
fl avours, outright banning free vape products, requiring child-proofi ng,
and even banning “Promotions suggesting that health benefi ts may
be derived from using vaping products or making comparisons with
the health effects of using tobacco products,” though this statement
comes with the note that such a restriction would “not apply to
vaping products authorised for sale under the Food and Drugs Act.”
However, all is not lost; Canadian vape business owners and allies
have hardly been passive. The ECTA (Electronic Cigarette Trade
Association) have been working tirelessly to organise and mobilise
greater support for the industry, uniting consumers, manufacturers
and retailers and keeping the public abreast of S-5’s progress. ECTA
have provided legal analyses of S-5 over potential constitutional
diffi culties, support for citizens on how to contact their MP about
concerns over vaping, and have sent responses to consultation on
“Proposals for the regulation of vaping products” opened by Health
Canada in August.
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