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New Flavour Restrictions in Canada For Cannabis and Vaping Products

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In 2021, Health Canada proposed to restrict inhaled cannabis extracts “from imparting a smell, taste or chemesthetic sensation, other than one that is typical for cannabis” and to “restrict the promotion, packaging and labelling of inhaled cannabis extracts so that the cannabis product may not be promoted in a way that could cause a person to believe that the cannabis product has a flavour other than one that is typical for cannabis.”

Processors already cannot promote cannabis extracts in a manner that could cause a person to believe that the cannabis extract has a flavour of confectionary, dessert, soft drink, or energy drink.

As well, “Only flavouring agents that are identical to substances produced by, or found in, cannabis would be permitted. This could include substances derived from other plant sources or that are synthetically produced. Consistent with the current Regulations, licensed processors could continue using substances — such as terpenes, aldehydes and ketones — derived from cannabis to produce inhaled cannabis extracts.”

But — Health Canada says — it intends to continue to allow factual flavour descriptors and strain names such as “pink kush,” or flavour notes such as “piney,” “diesel” or “skunk.”

What exactly is a smell or taste that is typical for cannabis, when there are already so many cultivars that may mimic the smell and flavour of a wide range of naturally occurring substances — from “Orange Kush” to “Mango Haze”?

Won’t this result in indiscriminate enforcement?

Health Canada hasn’t pulled the plug on this proposal, and its in their 2023-2025 Health Canada Action Plan released in July 2023, indicating we may actually see it implemented. That’s also the case with a similar proposal in 2021 to restrict (non cannabis) nicotine/juice vapes to tobacco or mint/menthol flavours.

As always, tell me what you think below.

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