Vaping Products Promotion Regulations: Information Sheet
On July 8, 2020, the Vaping Products Promotions Regulations (the Regulations) were published in Canada Gazette Part II. The Regulations were developed under the Tobacco and Vaping Products Act (the Act).
On this page
- Regulations summary
- Regulations application
- Prohibited advertising
- Permitted advertising
- Preventing youth access to online vaping promotions
- Required information in advertising
- List of health warnings
- Additional Information
The Regulations are intended to reduce the impact of vaping product promotion on young persons by prohibiting the promotion of vaping products and vaping product-related brand elements through advertising that is done in a manner that can be seen or heard by young persons. This includes displaying vaping products, vaping product packaging, and vaping product-related brand elements at points of sale in ways that they can be seen by young persons. All permitted vaping product advertising must convey a health warning on the health hazards of vaping, except signs at the point of sale, and advertisements where the province or territory requires a health warning.
The Regulations apply to all persons involved in the promotion and sale of vaping products including manufacturers, importers, retailers, advertising companies and social media influencers.
The Regulations apply to vaping product advertising. This includes advertisements for vaping products and vaping product-related brand elements, vaping devices, parts, and substances used in vaping products, irrespective of whether the product contains nicotine (see section 2 of the Act - definition of vaping product and definition of brand element).
Promoting a vaping product or vaping product-related brand element through advertising that can be seen or heard by young persons is prohibited. This includes advertising in public places such as recreational facilities, public transit facilities, broadcast media, or online. This also applies to the display of vaping product-related brand elements on retail storefronts signs and commercial banners and in publications that can be seen or heard by young persons.
Publications covered by the Regulations include print and electronic publications that are sent, published or accessed by means of telecommunication such as websites, applications, social media, text messages or other digital platforms.
The prohibition on the display of vaping products and their brand elements at retail establishments that allow youth access does not apply where provincial or territorial legislation already prevents vaping products, their packaging or vaping product-related brand elements from being seen by young persons.
Advertising that can not be seen or heard by a young person remains permitted, as long as it is compliant with all other applicable provisions of the Act and the Regulations. Requirements for advertising on a sign at a retail establishment, and for publications are as follows:
Vaping product advertising in publications addressed and sent to a named adult is permitted. Advertising in publications, such as product brochures or pamphlets is also permitted if the publications are provided when requested by an adult at a retail establishment where vaping products are sold. Advertising in these publications remains subject to all other applicable provisions set out in the Act and the Regulations
Signs at point of sale
Visual advertising in the form of a sign that only indicates the availability and price of vaping products is permitted at points of sale if the sign complies with the conditions set out in the Regulations with respect to content, placement and form.
The placement, form and content conditions relating to signs on the price and availability of vaping products at retail establishments do not apply where provincial or territorial legislation applies to the retail establishment and governs these signs. In such cases, the provincial or territorial requirements for signs on the price and availability of vaping products at retail establishments apply.
Preventing youth access to online vaping promotions
Advertising of vaping products online must be done in ways that can not be seen or heard by young persons. Regulated parties advertising vaping products online must effectively restrict youth access by verifying the age and identity of all visitors to effectively restrict youth access to the advertising. These measures can take different forms depending on the technological means and services available online. Simply requiring visitors to "check the box" to attest to their age or to self-declare their date of birth or age on a website or social media page is not sufficient verification to prevent youth access to the advertising.
Required information in advertising
The Regulations require a health warning to be included in all other advertisements of a vaping product or vaping product-related brand element with the following exceptions: advertising for a vaping products that are subject to an authorization, or license, under the Food and Drugs Act, advertising where the province or territory requires a health warning, advertising at the point of sale that only states the availability and price of a vaping product, and advertising at the point of sale which only states the availability, price and other information required by the province to be on the sign.
All other types of advertisements of vaping products require a health warning.
For details on the presentation of the health warnings, and of the attribution to Health Canada for both audio and visual vaping advertising, see the Vaping Products Promotion Regulations.
List of health warnings
The health warnings are listed in the document entitled List of Health Warnings for Vaping Product Advertising, published on the Government of Canada website. The list is incorporated by reference in the Regulations and may be amended periodically. The Regulations allow for a 60-day transition period following any change to the document to allow for the phasing out of advertisements conveying outdated health warnings.
The Tobacco and Vaping Products Act is available on the Justice Canada website at https://laws-lois.justice.gc.ca/eng/acts/T-11.5/.
The Vaping Products Promotion Regulations and the associated Regulatory Impact Analysis Statement is available in the July 8, 2020 issue of Canada Gazette, Part II, at http://gazette.gc.ca/rp-pr/p2/2020/2020-07-08/html/sor-dors143-eng.html.
The List of Health Warnings for Vaping Product Advertising is available on the Government of Canada website at https://www.canada.ca/en/health-canada/services/smoking-tobacco/vaping/product-safety-regulation/list-health-warnings-vaping-product-advertising.html.
Information on other requirements applicable to vaping products is available at: https://www.canada.ca/en/health-canada/services/smoking-tobacco/vaping/product-safety-regulation.html.
If you have questions about the Regulations or the Act, send them by email to Health Canada at firstname.lastname@example.org
Disclaimer: The information contained in this document is not intended to substitute for, supersede, or limit the requirements under the Tobacco and Vaping Products Act or its associated regulations. In case of any discrepancy between this document and the Act or its associated regulations, the Act or its associated regulations will supersede the notice.
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