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Age-Gates in Vaping Versus Cannabis Law in Canada

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vaping versus cannabis law
Vaping Versus Cannabis Law

Yesterday we talked about “age-gates” and how for cannabis promotions by telecommunications under the Cannabis Act, one must take “reasonable steps” to ensure the promotion cannot be accessed by youth.

And while simple self-attestation/age-gates are the norm in cannabis, and the feds have never made a statement that categorically states these are non-compliant, they HAVE made a definitive statement that simple self-attestation is not allowed for promotions of vaping products under the Tobacco and Vaping Products Act (TVPA).

Let’s unwrap that.

The TVPA restricts how vaping products (that do not contain cannabis and are not otherwise not regulated under the Cannabis Act) can be advertised, and restrictions are stated differently than in the Cannabis Act.

The actual TVPA legislation does not prohibit advertisement of vaping products that may be viewable to youth, but does require compliance with any promotion-related regulations. Its Vaping Products Promotions Regulations state that “a vaping product or a vaping product-related brand element must not be promoted by means of advertising done in a manner that allows the advertising to be seen or heard by young persons.”

That’s a broad prohibition, and the federal government’s position since 2021 is that: “Regulated parties advertising vaping products online must effectively restrict youth access by verifying the age and identity of all visitors to effectively restrict youth access to the advertising. These measures can take different forms depending on the technological means and services available online. Simply requiring visitors to “check the box” to attest to their age or to self-declare their date of birth or age on a website or social media page is not sufficient verification to prevent youth access to the advertising.”

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