Canadian Vaping Association Opposes Quebec's Proposed Flavour Ban

The Canadian Vaping Association (CVA) is up in arms over Quebec's proposed flavour ban on vaping products. The association has warned that the ban will hurt the province's economy and weaken youth protection.

In a recent move, the Government of Quebec released the Official Gazette of Quebec, proposing a ban on flavoured nicotine vaping products, except for tobacco flavour. The Gazette also proposed a volume limit of 2 mL on prefilled devices and a limit of 30 mL on refill containers. Additionally, the draft regulations would restrict nicotine concentrations to 20 mg/mL and prohibit the use of any form, appearance, or function that may be attractive to minors, both of which have already been regulated by the federal government.

The CVA has expressed its concerns about the proposed regulations, stating that vaping is a proven harm reduction tool that is significantly less harmful than smoking. The CVA argues that there is substantial evidence from jurisdictions that have already implemented flavour bans that the public health outcome is negative, as many vapers will return to smoking and fewer smokers will switch to vaping.

Furthermore, the CVA believes that the Government of Quebec does not fully appreciate the scope of the anticipated economic impact. Within the proposed regulation, the Quebec government acknowledges that specialty vape stores will experience closures and job losses, while convenience stores that sell tobacco company-owned brands will experience a lesser impact on sales. Canada has already seen through Nova Scotia that within 90 days of a flavour ban, the specialty industry was decimated. Quebec will experience thousands of business closures, job losses, broken lease agreements, and terminated contracts with tertiary suppliers.

Darryl Tempest, Government Relations Counsel to the CVA Board, said, "Ironically, Quebec began this regulatory process because of a news article claiming vape shops were enticing youth to vape by selling candy. The end result of the proposed regulation is the destruction of Quebec's only age-restricted access point. Should a flavour ban be implemented, vape products in Quebec will only legally be sold beside candy through the convenience store channel."

The proposed regulations give no indication that the Quebec government has given any consideration to public health impacts or regulatory alignment with federal health objectives. The CVA believes that the premise that the flavour ban has been proposed to protect young people is flawed in two respects. Firstly, there has been no published data on youth vaping rates in Quebec since 2020. This regulation has been proposed based on three-year-old data, while addiction experts have stated they believe youth vaping has plateaued and is in decline. Secondly, prohibitionist policies like flavour bans actually weaken youth protections. The absence of a legal and regulated market opens the flood gates for the illicit market to fill the demand. A flourishing black-market provides easier access to youth since illicit sellers do not verify age and sell products that do not conform to Canadian regulatory standards. The contraband market will supply high nicotine and youth appealing products that are otherwise prohibited for sale by the regulated market.

The CVA suggests an alternative approach that better protects everyone: ban flavours at any point of sale accessible to youth, but allow flavours in strict access-controlled, adult-only vape shops. This solution has been effective at protecting youth while balancing adult access in Ontario and British Columbia. Unfortunately, Quebec has chosen to forgo this practical solution in favour of an ineffective prohibitionist approach.

"Quebec's decision to ban flavours is a major win for tobacco companies, out of province vendors, and contraband sellers. What Quebec has done is shift demand to tobacco-owned products, retailers outside of Quebec, and criminals. Quebec's small businesses and domestic industry will be irreparably harmed in favour of multinational corporations," said Tempest.

The CVA argues that Quebec's flavour prohibition violates the constitutional rights of vulnerable Quebecers to access effective harm reduction products that are crucial to enabling them to fight and manage addiction. The association is fully prepared to support a constitutional challenge to the regulation and to fight for the right to access safer alternatives to smoking.

In conclusion, the proposed flavour ban on vaping products by the Government of Quebec is facing significant opposition from the Canadian Vaping Association. The association has warned that the ban will harm the province's economy and weaken youth protection. The CVA argues that the ban will lead to a negative public health outcome, as many vapers will return to smoking, and fewer smokers will switch to vaping. Additionally, the CVA believes that the government does not fully appreciate the scope of the anticipated economic impact. The proposed regulations will cause thousands of business closures, job losses, and broken lease agreements, primarily affecting small businesses and domestic industry.

The CVA suggests that Quebec should ban flavours at any point of sale accessible to youth, but allow flavours in strict access-controlled, adult-only vape shops. This solution has been effective at protecting youth while balancing adult access in Ontario and British Columbia. Furthermore, the CVA believes that the flavour ban proposed by Quebec will violate the constitutional rights of vulnerable Quebecers to access effective harm reduction products.

FAQs:

  • Q: Why is the Canadian Vaping Association opposing Quebec's proposed flavour ban on vaping products?
    A: The Canadian Vaping Association is opposing Quebec's proposed flavour ban on vaping products as the association believes that the ban will harm the province's economy and weaken youth protection. Additionally, the ban will lead to a negative public health outcome, as many vapers will return to smoking, and fewer smokers will switch to vaping.

  • Q: Does the CVA believe that the Quebec government fully understands the scope of the anticipated economic impact of the proposed regulations?
    A: No, the CVA does not believe that the Quebec government fully appreciates the scope of the anticipated economic impact. The proposed regulations will cause thousands of business closures, job losses, and broken lease agreements, primarily affecting small businesses and domestic industry.

  • Q: Does the CVA believe that Quebec's proposed flavour ban will violate the constitutional rights of vulnerable Quebecers?
    A: Yes, the CVA believes that Quebec's proposed flavour ban will violate the constitutional rights of vulnerable Quebecers to access effective harm reduction products that are crucial to enabling them to fight and manage addiction.

  • Q: What alternative approach does the CVA suggest to better protect everyone?
    A: The CVA suggests an alternative approach that better protects everyone: ban flavours at any point of sale accessible to youth, but allow flavours in strict access-controlled, adult-only vape shops. This solution has been effective at protecting youth while balancing adult access in Ontario and British Columbia.

  • Q: How will Quebec's flavour ban shift demand to tobacco-owned products, retailers outside of Quebec, and criminals?
    A: Quebec's flavour ban will shift demand to tobacco-owned products, retailers outside of Quebec, and criminals. The ban will force many vapers to return to smoking or seek out black-market alternatives that do not conform to Canadian regulatory standards. This will harm small businesses and domestic industry in favour of multinational corporations.

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