A New Regulatory Regime For E-Cigarettes? Health Canada Announces Plans to Introduce Vaping Legislation

Yesterday, the federal government announced that it would be tabling legislation with respect to vaping products. Health Canada’s announcement in this regard can be found here.

To-date, e-cigarettes containing nicotine or that make health claims have been regulated under the Food and Drugs Act and require licensure in order to be sold in Canada. It appears that the proposed legislative changes may well bring these products entirely within the purview of the Tobacco Act and regulate them accordingly. We don’t know what changes these legislative amendments will bring, but the aim is to: “balance the need to protect youth from nicotine addiction and tobacco use while allowing adult smokers to legally access vaping products for smoking cessation or as a potentially less harmful alternative to tobacco.”

We will be following the progress of this litigation and updating this blog as it develops.