Tobacco Bill

Tobacco Bill

If you’re a small business owner in the business of selling tobacco products and vaping products, you will want to take a close look at your current merchandise to ensure that it complies with the newly modified Tobacco and Vaping Products Act of 1997. A Tobacco Bill introduced earlier this year has modified current legislation on tobacco

The Tobacco and Vaping Products Act was modified on November 19th, 2018, when Bill S-5 received Royal Assent and became law.

The Bill was enacted in order to steer younger people and adolescents from tobacco products. As vaping has become incredibly popular with younger generations, the need for legislation to counter vaping and nicotine contained within most vaping products has become more prevalent.

The legislation has specifically targeted e-cigarettes and “e-juices” containing nicotine. E-cigarettes have become easily accessible with bars and nightclubs offering them in vending machines and some convenience stores and smoke shops offering them over the counter.

Bill S-5 has introduced the following changes to the Tobacco and Vaping Products:

  • Vaping products can no longer be advertised in reference to their flavors. For instance, cherry, strawberry, pepsi, mint, chocolate and other favors cannot be used to describe your product.
  • Lifestyle branding and Lifestyle advertising is now prohibited. Lifestyle branding means advertising your products in association with glamour, recreation, excitement, vitality, risk, adventure, or daring endeavours.
  • Information on vaping emissions must be included on all vaping products.
  • Information on tobacco emissions must be included on all tobacco products.
  • Tobacco products cannot include vaping branding or vaping labels.
  • While the provisions above include some of the major amendments made to the Act, there are a number of other regulations that may affect your business. These regulations pertain to acceptable packaging, the dimensions of your packaging and accepted color schemes. While complying with Health Canada’s regulations may save you from paying hefty fines, compliance will also impact the way younger individuals view tobacco regulations-making users of vapes and tobacco, aware and informed.

    If you’re unsure as to what to include in your advertising, it is important to seek the requisite information to ensure compliance. Contact one of our business lawyers today.

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