The Canadian Vaping Association and the Association québécoise des vapoteries are now in court challenging Quebec’s enforcement of the 2015 Tobacco Control Act. This act included e-cigarettes and vaping in its strong limits on tobacco smoking and advertising.
Though some regulations regarding vaping were more lenient than tobacco, Quebec enforces the strongest restrictions on vaping in Canada. In light of the May passing of the Federal Tobacco and Vaping Products Act, which officially legalized vaping at the federal level, vaping supporters are likely to continue to push against any restrictions that limit a growing market.
2015 Tobacco Control Act
The Quebec Coalition for Tobacco Control is showing its support for Quebec’s more stringent version of the national 2015 Tobacco Control Act as vaping supporters head to court. In a court case with little coverage in the English-language press, vaping advocates are attempting, in the words of the Quebec Coalition, to challenge “restrictions on promotion, the ban on online sales, the ban on product displays at point of sale as well as the ban on the use of vaping products inside speciality boutiques.”
The Coalition considers vaping a significant health risk that is treated too leniently by the 2015 Tobacco Control Act which allows flavored e-liquids and in-store displays. However, it also restricts the practice of vaping in the same way that smoking is prohibited and limits the amount of advertising and association with non-vaping products. For example, sponsoring a sports team or facility is prohibited by the Act for both tobacco and vaping.
For its part, the Coalition praised the fact that Quebec was more restrictive on advertising in comparison to other Canadian provinces where e-cigarettes are widely advertised. In addition, it pointed to the recent launch of the JUUL e-cigarette as particularly enticing to young people who are legally banned from purchasing or using such products.
Ongoing litigation
The court case goes back to an initial challenge filed by the Canadian Vaping Association in 2016. This challenge included a response to the “ban on demonstrating, sampling and using vaping devices within specialized shops” that impedes vape shop personnel from demonstrating devices that are still new to the general public. In addition, vaping supporters point out that young people are not allowed in specialty shops and so restrictions designed to limit their exposure in such settings is inappropriate.
At that time Imperial Tobacco and the Association québécoise des vapoteries were also taking legal action. Currently, the Canadian Vaping Association and the Association québécoise des vapoteries have joined forces in their efforts. Given that big tobacco is also involved with the vaping industry, ongoing legal and public relations efforts should be expected in response to any limitations though clearly, the situation looks very positive for vaping as opposed to tobacco smoking.
Tobacco and Vaping Products Act
Current efforts take place in the context of the passing of the Tobacco and Vaping Products Act in May that updated previous tobacco legislation and addressed vaping on a federal level for the first time. The promotion of vaping products now has a number of legal restrictions on the federal level including the banning of any advertisement that “could be appealing to young persons.”
Though Quebec is considered more restrictive, many elements in the Tobacco and Vaping Products Act take the same stance such as banning sponsorships and endorsements. However, though the Act places many tobacco-related restrictions on vaping, it also empowers Health Canada to regulate such elements as health claims for promotional purposes.
Health Canada is now proposing a “List of Statements for Use in the Promotion of Vaping Products” which include a variety of statements showing that vaping is a “much less harmful option” than tobacco smoking. These include statements regarding reduced exposure to chemicals and “numerous toxic and cancer-causing substances.” It also proposes the statement that “switching completely from smoking to e-cigarettes will reduce harms to your health.”
This direction in regulation is undoubtedly upsetting to members of the Quebec Coalition for Tobacco Control that are attempting to show that vaping is a health risk and that proponents are misrepresenting its positive attributes. Given the success of that position in the U.S., where restrictions on e-cigarettes are currently increasing, the Coalition will likely be encouraged in its efforts.
At the same time, it will be facing increasing pressure from big tobacco as it seeks to enter the newly created Canadian market following the introduction of the Tobacco and Vaping Products Act. With similar dynamics emerging for legalized cannabis in Canada, especially Quebec, big tobacco may be battling a variety of restrictions yet still moving forward profitably despite reduced tobacco sales.