Health Canada meeting with the Canadian Vaping Association – August 30, 2023

Subject(s):

Vaping Industry Compliance and Enforcement, Vaping Products Reporting Regulations, Industry Recycling Program, Government Relations

Date:

August 30, 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, 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
• Senior Manager, Tobacco and Vaping Compliance and Enforcement Program
• Manager, Vaping Regulations, TPRO, TCD, CSCB
• Acting Manager, Reports Control Division, TPRO, TCD, CSCB
• Manager, International and Regulatory Policy Unit, OPSP, TCD, CSCB
• Acting Manager, OCTVP, TCD, CSCB
• Senior Advisor, Tobacco and Vaping Compliance and Enforcement Program
• Senior Advisor, Regulatory Operations and Enforcement Branch
• Senior Advisor, OCTVP, TCD, CSCB
• Senior Policy Analyst, International and Regulatory Policy Unit, OPSP, TCD, CSCB (Secretariat)

Canadian Vaping Association (CVA)

• Samuel Tam, President, CVA
• Shaun Casey, Treasurer, CVA
• Darryl Tempest, Government Relations Counsel, CVA

Introduction:

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

The Chair opened the meeting with round table introductions.

HC 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 CVA representatives.

Subjects:

Enforcement and Compliance

The CVA shared its ongoing compliance initiatives and findings with Health Canada. The CVA shared what they have found to be the most prevalent instances of non-compliance, including incorrectly labelling high nicotine vaping products, the absence of, or inaccurate, dealer information listed on some imported products, and labelling and packaging violations.

The CVA provided an update on training initiatives for identifying illicit vaping products. As part of this initiative, they will provide training to public health units and law enforcement agencies to support the strengthening of enforcement and compliance at the manufacturing/distribution and retail levels.

The CVA provided feedback to Health Canada regarding communicating non-compliance with industry. The CVA noted that Health Canada is providing more information within the warning letters. However, the CVA indicated that after a company has received a letter of non-compliance and addressed the concerns raised to the best of their ability, they have no way of knowing if they were successful in addressing the non-compliance. Health Canada noted these concerns.

Vaping Products Reporting Regulations (VPRR)

The CVA shared concerns on the protection of corporate data and intellectual property in the reports to be submitted pursuant to the VPRR. They informed Health Canada that overseas manufacturers that supply Canadian importers are being informed about the VPRR requirements and being provided guidance on how to fill out the templates prescribed by the VPRR. Health Canada noted that webinars will be offered to industry in the near future, during which additional guidance on the VPRR will be shared.

Forward Regulatory Plan 2023-2025

Health Canada was asked for updates on its Forward Regulatory Plan 2023-2025, in particular regarding:

• Amendments to the Tobacco Access Regulations (Age Verification for Online/Distance Sales)
• Order Amending Schedule 2 and 3 to the Tobacco and Vaping Products Act (Flavours) and Standards for Vaping Products Sensory Attributes Regulations

Health Canada indicated that the information posted on its website regarding the Forward Regulatory Plan is up-to-date.

Industry Recycling Program

The CVA said that their recycling program will recycle every component of vaping products, including disposable vaping products. It is anticipated to launch by the end of the year.

Conclusion:

The meeting was then concluded.

Documents:

• Agenda as provided by CVA