The federal government says more details on restrictions on flavoured vaping products are expected “soon” — and one government source suggests that could mean within the next month.
Ottawa made a promise in 2021 to implement regulations to prohibit flavours, except for tobacco, mint and menthol, from being added to e-cigarettes.
Three years later, no such restrictions exist on a national level but the promise has remained amid a broader federal push to crack down on the sale and appeal of new forms of nicotine to youth.
In a statement to Global News when asked about the promise, a spokesperson for Mental Health and Addictions Minister Ya’ara Saks said the commitment remains and the delay was in part due to wanting to ensure a national framework works.
“Let’s be clear: selling or giving any vaping products to somebody under 18 years old is illegal,” the spokesperson said. “But we need to do this right so we do not create loopholes that would put our youth further at risk or be hard to enforce.”
Saks’ office pointed to jurisdictions like Quebec, where it said the province’s ban on flavoured vapes led to an accessible illicit market, adding other jurisdictions’ own plans would “inform future action.”
Quebec’s ban prohibits the sale of any vape except for tobacco flavour or those that have no flavour or aroma.
Rob Cunningham, senior policy analyst with the Canadian Cancer Society, said action is needed now.
“We should not be having all of these attractive flavours in a way that result(s) in young people getting addicted,” Cunningham said. “We’re seeing a new generation of kids getting addicted to nicotine through e-cigarettes.”
The Canadian Tobacco and Nicotine Survey released by Statistics Canada in September 2023 showed nearly half of young adults aged 20-24 and one-third of 15 to 19-year-olds have tried vaping at least once.
The survey also showed almost 40 per cent of those 15 and older who vaped in the previous 30 days from when the survey was conducted said they had never smoked previously.
What could restrictions look like?
Saks’ office said they have been working with tobacco control groups in the past year including meetings as recent as early this month.
Cunningham said a national ban is needed because it would deal with interprovincial shipments, online sales and could potentially involve the Canada Border Services Agency handling products that arrive from other countries.
Yet vaping advocacy groups like Rights4Vapers say a full ban would result in people turning back to cigarette smoking, adding it would also spark an illicit market.
“In one of the biggest provinces in Canada, flavours were banned, that is Quebec, and nothing has happened,” Maria Papaioannoy, a spokesperson for Rights4Vapers, said. “Flavours are available. There’s an illicit black market; it is thriving.”
Rights4Vapers are among the organizations that have had discussions with Saks about potential restrictions.
While she said full restrictions would not be helpful, Papaioannoy told Global News there are ways to ensure flavoured vape products could be limited.
She pointed to Ontario as one example, which only permits flavoured vaping products to be advertised and sold in specialty vaping stores that sell only to customers 19 and older.
But education is also needed, looking at what may be prompting youth to turn to vaping.
According to the U.S. Centers for Disease Control and Prevention, many students who vaped reported using e-cigarettes because they feel anxious, stressed or depressed.
“So we need to look at these things and look deeper instead of being reactive and being dramatic,” she said. “The fact is, we ban flavours, kids will go to a black market.”
Sam Tam, president of the Canadian Vaping Association, said such a move by vape users is why focus should be on strengthening retail enforcement, such as ensuring fines for selling to minors is punitive.
“So those that are deliberately selling to minors, they will think twice before committing non-compliant actions on sales,” Tam said.
Tuesday’s comments from a government source are the closest to a firm date provided and come just a few weeks after anti-tobacco health groups called on Saks to implement a ban swiftly or resign.
The groups said provinces were struggling under a lack of federal leadership on the issue and made accusations of industry interference in a ban on flavoured vape products.
— with files from Global News’ Jillian Piper