In recent years, the market for new types of tobacco products has gradually formed. In particular, when people recognize that traditional cigarettes cause serious harm to health, people have begun to seek new foods, and e-cigarettes have emerged at the historic moment. But, are e cigarettes legal in canada? Let’s take a look together.
are e cigarettes legal in canada?
E-cigarettes are legal in Canada, but there are related regulations.
Importation of Vaping Products –under the Tobacco and Vaping Products Act （TPVA）
This Customs Notice is available in its entirety on the Canada Border Services Agency website.
CN 18-05, Importation of Vaping Products – under the Tobacco and Vaping Products Act （TPVA）
This customs notice is to advise that the Tobacco and Vaping Products Act （TPVA） has received Royal Assent and came into force on May 23, 2018.
?€?Vaping products?€? （formerly known as e-cigarettes and electronic nicotine delivery systems） include vaping devices, and their individual parts such as atomizers （heating element）， and vaping liquids. Most vaping devices consist of a battery, a heating element, a tank or reservoir, and a mouthpiece and work by heating the vaping liquid to form an aerosol that is inhaled by the user.
The TVPA serves to establish the rules around the manufacture, sale, labelling and promotion of tobacco and vaping products?€?.
Vaping products that make health claims* are subject to the Food and Drugs Act （FDA） and require authorization under the FDA prior to being commercially imported, advertised or sold in Canada. Nicotine vaping products that make health claims are considered to be prescription drugs and require a Drug Establishment License and the drugs to be licensed with a corresponding Drug Identification Number （DIN）， assigned prior to being imported for sale into Canada.
- ?€?Health claims?€? refers to any statement that represents the product as a drug （which also includes natural health products） or device under section 2 of the FDA. An example would be a statement that the product will help to quit smoking.
Vaping products that do not make health claims are not subject to the FDA as long as they do not contain any drugs other than nicotine. These products must meet TVPA requirements and comply with the provisions of the Canada Consumer Product Safety Act （CCPSA）， which addresses electrical, mechanical and toxicological risks posed by vaping products.
Note that ready to use vaping liquid that discloses a concentration of nicotine greater than or equal to 66 mg/g cannot be imported.
Specific requirements for importation of vaping products depend on the ingredients and/or purpose of the products imported into Canada. For more information on the regulation of vaping products in Canada and general health-related information on vaping products please consult the? Health Canada website.
Key elements of the TVPA related to vaping products include:
not allowing vaping products to be sold or given to anyone under 18 years of age
not allowing the sale of vaping products that appeal to youth
giving the federal Government the ability to make rules about:
industry reporting
manufacturing standards
product and package labelling （for example, health warnings）
banning the use of certain ingredients and flavours
the promotion of vaping products
