Vaping Compliance and Enforcement Report April 2023 – March 2024: Manufacturers

Summary

Health Canada Inspectors regularly conduct onsite inspections of vaping manufacturers to verify industry compliance with the Tobacco and Vaping Products Act (TVPA) and the Canada Consumer Product Safety Act (CCPSA).

Inspections involve visits by designated federal inspectors to brick-and-mortar manufacturer locations to assess vaping products and related promotional material. Inspections may also include the collection of vaping product samples for laboratory analysis.

The reports provide information on the results of inspection(s) conducted during a specified period and are not updated to take into account additional compliance activities which may have occurred outside of the specified period. Observed non-compliances and related enforcement actions listed in the report were determined by Health Canada as a result of the inspection or subsequent product analysis and are limited to the location or product(s)/promotion(s) inspected.

For any questions related to an enforcement report or to report an error, please contact: hc.tcp.questions-plt.sc@canada.ca

Lexicon

The following terms may be used in Vaping Product Enforcement Reports and are outlined for your convenience.

Enforcement Action(s): Action(s) taken by an Inspector to address the non-compliance or to bring the product(s) or activity(ies) into compliance with the Tobacco and Vaping Products Act (TVPA) and/or the Canada Consumer Product Safety Act (CCPSA) (e.g. warning letter, seizure, recall, stop sale, and/or prosecution).

• Seizure (TVPA): An enforcement action for controlling non-compliance during an inspection. Items seized may remain onsite or may be removed from the establishment. Vaping product seizures are reported in units, which may include devices (e.g., tanks, pens) and/or liquids (e.g., pods, bottles, cartridges), etc.
• Warning Letter/Warning (TVPA): An enforcement action for notifying the regulated party of the observed non-compliance(s), which may also include the Department's expectations for bringing a product/promotion into compliance, an opportunity for the party to address Health Canada's concerns, as well as a timeframe for response.
• Voluntary recall (CCPSA): Action by the establishment to notify the public about the hazard(s) associated with a product. A recall may include instructions to return, obtain product correction or dispose of the affected products.
• Order (CCPSA): A written notice, issued under section 31 and/or 32 of the CCPSA, ordering a person to recall their product and/or take measures (such as stop sale) to address non-compliance. Contravention of an order can lead to administrative monetary penalties or criminal prosecution.

Inspection: An activity to assess compliance with the law and, where non-compliance is observed, to initiate action(s) to require the regulated party to comply with the law.

Onsite inspection: Inspectors visit a brick-and-mortar location to conduct an inspection of vaping products, which may include the collection of samples for further analysis. An initial inspection may be followed by additional inspections, including to conduct enforcement actions to address non-compliance observed at a previous inspection.

Lab analysis: Off-site Health Canada laboratory analysis of vaping product liquids and/or devices.

Observed Non-Compliance(s): One or more contravention(s) of the TVPA and/or the CCPSA as identified by a Health Canada Inspector.