Health Canada and Vaping Industry Trade Association meeting: Illicit Market and Vaping Industry Compliance – July 13, 2023

Subject:

Illicit Market and Vaping Industry Compliance

Date:

July 13, 2023

Participants:

Health Canada (HC)

• Sonia Johnson (Chair), Director General, Tobacco Control Directorate (TCD), Controlled Substances and Cannabis Branch (CSCB)
• Sally Gibbs, Acting Director General, Consumer Products and Controlled Substances Directorate (CPCSD), Regulatory Operations and Enforcement Branch (ROEB)
• Laura Smith, Director, Office of Policy and Strategic Planning (OPSP), TCD, CSCB
• Denis Choinière, Director, Tobacco Products Regulatory Office (TPRO), TCD, CSCB
• Neil Malik, Director, Office of Research and Surveillance, TCD, CSCB
• Stephen Moir, Acting Associate Director, Office of Compliance of Tobacco and Vaping Products (OCTVP), TCD, CSCB
• Alain Richard, Acting Associate Director of the Tobacco, Vaping and Controlled Substances Division (TVCSD), CPCSD, ROEB
• Senior Manager, Central Region, Tobacco and Vaping Compliance and Enforcement Program (TVCEP), TVCSD, CPCSD, ROEB
• Manager, Vaping Regulations, TPRO, TCD, CSCB
• Manager, International and Regulatory Policy Unit, OPSP, TCD, CSCB
• Acting Manager, OCTVP, TCD, CSCB
• Senior Advisor, TVCEP, TVCSD, CPCSD, ROEB
• Senior Advisor, OCTVP, TCD, CSCB
• Policy Analyst, International and Regulatory Policy Unit, OPSP, TCD, CSCB (Secretariat)

Vaping Industry Trade Association (VITA)

• Daniel David, President
• Meshaila Sinnis, Executive Director
• Brad Jemmett, VITA Board member and representative from Snowplus

Introduction:

A meeting was held at the request of VITA to discuss vaping industry compliance.

The Chair opened the meeting with round table introductions.

The Chair reminded participants that this meeting is subject to disclosure as per HC's Openness and Transparency policies. In the interest of transparency, the Department stated that it would be making a record of the meeting publicly available. The handling of information and privacy notice was mentioned and acknowledged.

HC also referred to Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), its international obligation to protect tobacco control policies from the vested interests of the tobacco industry. It was acknowledged by VITA representatives.

Subjects:

Illicit Market status updates & concerns identified during VITA investigations

VITA presented their process of receiving and investigating reports for non-compliant products. VITA presented findings from their investigations of vaping retail locations regarding non-compliant products, vaping products exceeding the nicotine concentration limit, mislabelled products, illicit market activity, and spoke about their efforts to work with enforcement agencies and authorities at the provincial level.

General industry status updates & enforcement

VITA raised their concerns regarding the future disclosure of information regarding flavours and ingredients as required under the Vaping Products Reporting Regulations (VPRR). VITA mentioned that international vaping flavour manufacturers have expressed concern about the protection of their trade secrets and intellectual property. VITA is of the view that some international manufacturers may refuse to submit this information to domestic manufacturers who in turn would not be able to provide the information required under the VPRR. VITA also discussed their concerns with confidentiality in sharing information with Health Canada.

HC commented that:

• There are no provisions currently in the VPRR that require the Minister to make the information contained in the reports public.
• Requests made under the Access to Information Act provides protection from disclosure to third party information
• Under the Tobacco Reporting Regulations, manufacturers have attached password-protected reports to their emails.
• Where manufacturers and importers do not submit reports required under the VPRR, or submit incomplete reports, they could be found in violation of the Tobacco and Vaping Products Act.

VITA mentioned that the December 31, 2023 deadline for industry to report and disclose ingredient lists is burdensome from their perspective, given the amount of flavour and product combinations.

VITA inquired on status of technical briefings on the VPRR and the possibility for question and answer (Q & A) period at the end of these sessions.

HC responded that a Q & A period will be part of the planned webinars, with dates to be confirmed. A series of webinars may be held, based on industry needs.

Public perception, relative risk messaging

VITA inquired about additional media statements from HC to counter misinformation regarding vaping which they found to be prevalent in general media outlets. HC responded that this is an area of further exploration.

Conclusion:

The meeting was then concluded.

Documents:

• Agenda as provided by VITA