Health Canada and Imperial Tobacco Canada Ltd. Meeting: Imperial Tobacco Canada Ltd. Presentation – January 13, 2022

Subject:

Imperial Tobacco Canada Ltd. (hereinafter referred to as "ITCAN") requested a meeting to present to Health Canada regarding vaping flavours. Specifically, the presentation covered: the assessment of list of compliant ingredients; sensory attributes panel; adult-restricted devices; and illicit market and do-it-yourself flavour creation activity.

Date:

January 13, 2022

Participants:

Health Canada (HC)

• Denis Choinière, Director, Tobacco Products Regulatory Office (TPRO), Tobacco Control Directorate (TCD), Controlled Substances and Cannabis Branch (CSCB) (Chair)
• Suneil Malik, Director, Office of Research and Surveillance, TCD
• Senior Corporate Regulatory Compliance and Enforcement Advisor, Office of Compliance for Tobacco and Vaping Products, TCD
• Manager, Vaping Regulations, TPRO, TCD
• Manager, Policy and Issues Management, Office of Policy and Strategic Planning (OPSP), TCD
• Acting Manager, International and Regulatory Policy Unit, OPSP, TCD
• Acting Manager, Science, ORS, TCD
• Policy Analyst, Vaping Regulations, TPRO, TCD (observer)
• Policy Analyst, Vaping Regulations, TPRO, TCD (observer)
• Policy Analyst, International and Regulatory Policy Unit, OPSP, TCD (secretariat)

ITCAN

• Ralf Wittenberg, President and Chief Executive Officer, Imperial Tobacco Canada Ltd.
• Sebastien Charbonneau, Government and Regulatory Affairs Manager, Imperial Tobacco Canada Ltd.
• Zvi Cohen, Senior Regulatory and Scientific Engagement Manager, Imperial Tobacco Canada Ltd.
• Gavin Mullard, Senior Regulatory Engagement Manager, BAT (Holdings, London) Ltd.

Introduction:

A meeting was held at the request of ITCAN in order to provide Health Canada with a presentation on vaping flavours, in response to the proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours), which was published in the Canada Gazette, Part I, on June 19, 2021.

Health Canada read a transparency and openness statement, reminding ITCAN representatives that the meeting is subject to disclosure as per Health Canada'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.

Health Canada also referred to Article 5.3 of the World Health Organization Framework Convention on Tobacco Control, the department's international obligation to protect tobacco control policies from the vested interests of the tobacco industry.

The Chair then invited participants to introduce themselves.

Subjects:

ITCAN's presentation covered the four following themes:

1. Science supporting flavours

ITCAN presented findings that support the use of flavours in vaping products. Additionally, they presented findings regarding the preferences of Canadians who use vaping products.

2. ITCAN'S key technical concerns related to the draft regulations

• Essential "functional" ingredients
  • ITCAN proposed providing essential functional ingredients that will ensure the e-liquid quality for the manufacture, storage, and consumption of vaping products.
• Essential ingredients (naturally occurring compounds)
  • ITCAN proposed allowing "naturally occurring" flavours
• Toxicological assessment of individual compounds
  • ITCAN proposed removing isophorone from the list as it may have carcinogenic, mutagenic, or reprotoxic properties
• Sensory experiences
  • ITCAN proposed developing a standard with flavourist and sensory attributes to better reflect experiences of people who smoke to Canada's further harm reduction efforts.
• Health Canada sought clarification regarding who ITCAN proposes should develop this industry standard. ITCAN clarified that the tobacco and vaping industry would be able to provide input, and this standard could be developed similarly to an ISO standard.

3. Possible unintended consequences of regulatory restrictions

ITCAN presenters mentioned that the measures included in the proposed Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours) may:

• lead people who smoke to continue smoking or to become dual users of both tobacco and vaping products;
• lead people who vape to search for their preferred flavours on the illicit market; or
• lead people who vape to tamper with or mix their e-liquids themselves.

4. Proposed alternatives to prevent youth from vaping

ITCAN proposed the following alternative measures to help address the issue of youth vaping:

• Factual flavour descriptors
  • Regulate the use of e-liquid descriptors (e.g. not use descriptors appealing to individuals under the age of 18, not use names associated with confectionary or misleading)
• Increase number of inspections
  • Increase online inspections
  • Impose more severe fines to those not in compliance with regulations under the Tobacco and Vaping Products Act
• Age-restricted sales channels
  • Make flavoured vaping products available only in retailers where age verification is required
  • Online purchases: Put in place multiple age verification points, from purchase to delivery
• Restricted devices
  • Leverage developing technologies to restrict use to adult users only (e.g. devices activate and unlock only if the user is above the legal age)
  • Health Canada sought clarification regarding these restricted devices, specifically, whether age verification and activation is a one-time process, or if it would be needed every time the device was to be used. ITCAN suggested it could be both.

Conclusion:

The meeting was then concluded.

Documents:

• Agenda as provided by Imperial Tobacco Canada Ltd.