Health Canada meeting with the Vaping Industry Trade Association – March 20, 2024

Subject(s):

Feedback on the proposed Order Amending Schedule 2 and 3 to the Tobacco and Vaping Products Act (Flavours)

Date:

March 20, 2024

Participants:

Health Canada (HC)

• Sonia Johnson (Chair), Director General, Tobacco Control Directorate (TCD), Controlled Substances and Cannabis Branch (CSCB)
• Manager, Vaping Regulations, Tobacco Products Regulatory Office (TPRO), TCD, CSCB
• Subject Matter and Technical Specialist, Office of Compliance of Tobacco and Vaping Products, TCD, CSCB
• Policy Analyst, International and Regulatory Policy Unit, Office of Policy and Strategic Planning (OPSP), TCD, CSCB
• Policy Analyst, International and Regulatory Policy Unit, OPSP, TCD, CSCB (Secretariat)

Vaping Industry Trade Association (VITA)

• Thomas Kirsop, Managing Director
• Mike Meathrel, Chairman

Introduction:

A meeting was held at the request of VITA to further discuss their feedback on the proposed Order Amending Schedule 2 and 3 to the Tobacco and Vaping Products Act (Flavours), published in the Canada Gazette, Part I, in June 2021, following the engagement session held on March 12, 2024, with the VITA and the Canadian Vaping Association.

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 VITA representatives.

Subjects:

VITA presented their concerns related to the proposed Order and regulations, following the webinar that was held on March 12, 2024. In addition to the concerns presented during the webinar, VITA's concerns include amateur illicit market activity and organized crime, and the rise of the illicit disposable market.

VITA mentioned that in the amateur illicit market, individuals source their own materials to create vaping products and sell them for profit. VITA further explained that this was the case prior to the introduction of Bill S-5 (An Act to amend the Tobacco Act and the Non-smokers' Health Act and to make consequential amendments to other Acts), which became the Tobacco and Vaping Products Act (TVPA) in 2018. VITA is concerned that the proposal, if implemented, would cause a resurgence of amateur non-compliant activity, beyond current levels. Further, VITA is concerned that organized crime groups joining the illicit vaping market would also result in an increase in violent crime.

Additionally, VITA mentioned that disposable vaping products are inexpensive for illicit retailers and crime groups to enter the market and sell illicit products. VITA believes that the illicit market would leverage any measure at their disposal to take a larger share from the licit market.

VITA presented evidence from other jurisdictions that have implemented bans on flavours in vaping products:

• Provincially, VITA has found evidence of business closures of compliant retailers in response to restrictions on flavours (e.g. in Quebec and Nova Scotia).
• VITA presented evidence of flavour restrictions in American jurisdictions, which have resulted in compliance challenges, an increase in youth smoking rates, and increases in cigarette sales compared to jurisdictions without vaping flavour restrictions.
• VITA states that in Australia, 90% of people who vape are rejecting the prescription model and purchasing illicit products instead. The organization believes that restrictions on flavours in Canada would have a similar outcome.

VITA believes the proposed Order and regulations would not support the objectives of Canada's Tobacco Strategy and would not contribute to the reduction of tobacco use in Canada.

VITA emphasized the importance of vaping products in helping people who smoke to quit, and how the proposal would impact those individuals should it be implemented. VITA believes these individuals would seek out illicit vaping products, and lose trust in the regulator. The organization reiterated they do not want youth to vape, and mentioned their desire for cooperation among all tobacco control and vaping stakeholders in order to determine a better path forward.

Health Canada mentioned that the department has recently met again with various stakeholders, including those in the industry, in order to confirm their views and seek any updated feedback on the proposal.

Health Canada asked VITA to provide the department with their presentation and data sources.

Conclusion:

The meeting was then concluded.

Documents:

• Agenda as provided by VITA