Background:
On May 23, 2018, Canada's BILL S-5, a bill to amend tobacco laws and non-smokers' health laws, received royal assent. Under the Tobacco Act, which preceded Bill S-5, it was renamed the Tobacco and Electronic Atomizer Products Act TVPA (Tobacco and Vaping Product Act). As of November 9, 2020, the Act regulates the manufacture, sale, labeling and promotion of tobacco products and vapour products. The relevant regulations made under this Act are the Nicotine Concentration Regulations in Electronic Atomizer Products, SOR/ 2019-353 Electronic Atomizer Product Labeling and Packaging Regulations, SOR/2020-143, etc.
Scope of application:
Tobacco products and steam products
Restriction requirements:
1. Limitation of nicotine concentration in tobacco oil;
2. Do not add amino acids, caffeine, colorants, essential fatty acids, glucuronolactone, probiotics, taurine, vitamin and mineral nutrients.
3. Ban the following steam products selling the following flavors: candy, desserts, marijuana, soda and energy drinks.
4. Electronic atomizer products with appearance, shape or other sensory properties or functions shall not be sold
5. No one shall promote electronic atomizer products, including through packaging,
- In a manner that is false, misleading or deceptive, or likely to give a false impression of the characteristics, health effects or health hazards of the steam product or its emissions;
- Use of terms, expressions, logos, symbols or illustrations prohibited by the statute; or
- Use of prescribed terms, expressions, logos, symbols or illustrations in a manner contrary to the rules.
6. No person shall advertise electronic atomizer products, including through packaging, in a manner likely to give rise to the belief that the use of the product or its emissions may result in health benefits
7. No person shall compare the health effects of the use of the product or its emissions with the health effects of the use of tobacco products or their emissions, including through packaging.
8. No person shall promote electronic atomizer products, including through packaging, if there are reasonable grounds to believe that such marketing would discourage smoking cessation or encourage re-use of tobacco products
9. No person shall display a logo or illustration on vaping products or their packaging, including branding elements, if there are reasonable grounds to believe that the logo or illustration may
Seasoned ones may appeal to young people.
10. It is prohibited to sell to people under 18
Product identification/packaging requirements
1. Vapor products containing nicotine
Nicotine concentration declaration
Nicotine concentration, as' nicotine -- XX mg/mL '
The packaged electronic atomizer device or electronic atomizer component must be displayed on the main display panel of the outer package
If the electronic nebulizer device or electronic nebulizer component is multilayered, it must be packaged on or inside the main display panel of the electronic nebulizer device or electronic nebulizer component
Bottled lampblack needs to be reflected in both the packaging and the product
Fonts shall comply with the requirements of this Regulation
Health warning
Text requirement
WARNING: Vaping products contain nicotine, a highly addictive chemical or
WARNING: Vaping products release chemicals that may harm your health.
AVERTISSEMENT: Les produits de vapotage contiennent de la nicotine. La nicotine cree une forte dependance.
AVERTISSEMENT: Les produits de vapotage liberent des substances qui peuvent etre nocives pour la sante. Avertissement: Les Produits de vapotage liberent des substances qui peuvent etre nocives pour la Sante.
Both official English and French must be present, health warnings in one official language must be displayed next to or below those in the other official language, and the first word must be in capital letters and bold, while the rest of the text is not bold but in case and case sentences.
Display in the main display area of the outer packaging of the product, if the main display area of the outer packaging of the product is less than 15cm2, the warning can be reflected in the outer packaging;
Bottled tobacco oil needs to be reflected in the outer packaging and products at the same time;
Fonts shall comply with the requirements of this Regulation
2. Vapor products that do not contain nicotine
Electronic atomizer product or package display area displays one of the following statements:
(a) Nicotine in English and Sans nicotine in French;
(b) 'No nicotine' in English and 'Aucune nicotine' in French; or
(c) 'Does not contain nicotine' in English and 'Ne contient pas de nicotine' in French.
3. Other requirements
Ingredients must be listed in the main display area of the package or product. Ingredients: xx, xx, xx... ; Ingredients: xx, xx, xx...
Taste - If any ingredient or combination of ingredients is added to the vaping substance only to produce a specific taste or combination of flavors and not to be used in the list of ingredients
These elements must be described by "flavour" in the English list and "arome" in the French list.
If the ingredient content is greater than or equal to 1%, it must be listed in descending order; Otherwise listed in any order, immediately after ≥1% of the ingredients.
Tax label requirements (importers need to purchase tax labels to be posted on product packaging)
Toxicity information requirements
Instruction and labeling requirements
Prevent children from opening packaging requirements
Product registration requirements
Each manufacturer shall submit to the Minister in the prescribed form and manner, and within the prescribed time, the information relating to electronic atomizer products, their emissions, and the information relating to electronic atomizer products and
He R & D regulatory requirements for information on whether electronic atomizer products are sold. The Minister may request supplementary information and each manufacturer shall do so within the time set by the Minister
The information requested. This requirement is not currently mandatory.
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