Canadian Vaping Association: Quebec’s Proposed Flavor Ban Will Weaken Youth Protection

Today, on April 20, the Quebec government released an official announcement proposing to ban flavored nicotine e-cigarette products other than tobacco flavor.

The announcement also suggests limiting the volume of pre-filled devices to 2 mL and the volume of refillable containers to 30 mL.

Additionally, the draft regulation will limit nicotine concentration to 20 mg/mL and prohibit any form, appearance, or function that may appeal to minors, both of which are already regulated by the federal government.

The Canadian Vaping Association (CVA) is dissatisfied with the proposed regulations, and the association along with industry advocates clearly outlined the negative impacts such policies would have on the Quebec government. E-cigarettes have been proven to be significantly less harmful than smoking, and jurisdictions that have implemented flavor bans have substantial evidence indicating negative public health impacts, as many e-cigarette users will revert to smoking, while fewer smokers will switch to e-cigarettes.

Moreover, the proposed regulations recognize that specialized e-cigarette shops will close and lay off employees, while convenience stores selling tobacco companies' private label products will have a lesser impact on sales.

The CVA believes that the Quebec government does not fully understand the extent of the anticipated economic impact. Canada has already seen, through Nova Scotia, that the specialty industry was severely impacted within 90 days of the flavor ban being enacted. Quebec will experience thousands of business closures, unemployment, broken lease agreements, and contract terminations with third-party suppliers.

"Ironically, Quebec initiated this regulatory process due to a news report today claiming that e-cigarette shops lure young people into using e-cigarettes by selling candy. The ultimate result of the proposed regulations is to undermine Quebec's only age-restricted access point. If the flavor ban is implemented, Quebec's e-cigarette products will only be legally sold through convenience stores alongside candy," said Darryl Tempest, CVA's committee government relations advisor.

The proposed regulations do not indicate that the Quebec government has considered public health impacts or consistency with federal health objectives. The premise of proposing a flavor ban to protect youth is flawed in two aspects.

First, Quebec has not had publicly available data on youth vaping rates since 2020. This regulation is based on data from three years ago, while addiction experts believe that youth vaping rates have stabilized and are declining.

Second, prohibition policies like alcohol bans actually weaken protections for youth. The lack of a legal and regulated market opens the floodgates for illegal markets to meet demand. Illegal sellers do not verify age and sell products that do not meet Canadian regulatory standards, making the thriving black market more accessible to young people. The illicit market will offer high-nicotine and youth-attractive products that are banned from regulated markets.

Meanwhile, there is a better alternative to protect everyone: prohibit the sale of flavors at any point of sale accessible to youth, but allow the sale of flavors in strictly controlled, adult-only e-cigarette shops.

This solution has effectively protected youth while balancing adult access in Ontario and British Columbia. Unfortunately, Quebec has chosen to abandon this practical solution in favor of an ineffective ban.

"Quebec's decision to ban flavors is a significant victory for tobacco companies, out-of-province suppliers, and illicit sellers. What Quebec is doing is shifting demand to tobacco-owned products, retailers outside of Quebec, and criminals. Quebec's small businesses and domestic industry will suffer irreparable harm, benefiting multinational corporations," Tempest said.

Quebec's flavor ban infringes on the constitutional rights of vulnerable Quebecers to access effective harm reduction products, which are crucial for enabling them to combat and control addiction. The CVA is fully prepared to support a constitutional challenge to the regulations and fight for the right to safer smoking alternatives.