Vaping Compliance and Enforcement Report: August 2021 to March 2022

Note: Vaping product related inspections conducted by Health Canada do not represent approval or endorsement of an establishment or product. Health Canada does not grant licences or provide compliant or non-compliant ratings for vaping product establishments.

Summary

From August 2021 to March 2022, Health Canada inspectors conducted on-site inspections at retail locations to verify industry compliance with the Tobacco and Vaping Products Act (TVPA) and the Canada Consumer Product Safety Act (CCPSA).

During this period, 191 specialty vaping establishments were inspected. At the time of inspection, non-compliance was observed at approximately 60% of these establishments. Further details on the observed non-compliance(s) and enforcement actions taken for each of these establishments are listed in the chart below.

Health Canada also conducted on-site inspections at 1320 gas and convenience stores to verify industry compliance with the TVPA. At the time of inspection, non-compliance pertaining to the requirements for vaping products was observed at 11% of gas and convenience stores inspected. The most common type of non-compliance was packaging that displayed a nicotine concentration statement indicating the vaping substance exceeded 20 mg/ml of nicotine. For tobacco products, non-compliance was observed at 5% of the gas and convenience stores inspected. The most common type of non-compliance was packaging that did not meet the requirements under the Tobacco Products Regulations (Plain and Standardized Appearance) (e.g. packaging that was not drab brown in colour, the improper placement of brand names on packaging surfaces, and primary packaging that was not in a slide and shell form). During this period, Health Canada seized non-compliant tobacco and vaping products at 216 sites.

Observed non-compliances and related enforcement actions listed in the reports were determined by Health Canada at the time of inspection and are limited to the location or product(s) inspected. Inspections may only include a selection of products and promotions found at an establishment. The reports provide information on the results of an inspection conducted during a specified period and are not updated to take into account additional compliance activities which may have occurred following the inspection.

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): Actions taken by an Inspector to stop the non-compliance or to bring the products or activities into compliance with the Tobacco and Vaping Products Act (TVPA) and/or the Canada Consumer Product Safety Act (CCPSA) (e.g. warning letters, seizure or stop sale, and/or prosecution).

Seizure (TVPA): An enforcement action for controlling non-compliance during an inspection. Items seized may remain on-site or may be removed from the establishment.

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.

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