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Packaging and Labelling Requirements for Vaping Products in Canada

Helping Canadian Businesses Get Licences, Stay Onside And Resolve Their Legal Challenges.

This comprehensive guide aims to help you navigate the various requirements that apply to the packaging and labelling of vaping products in Canada.

Introduction

Since I am a lawyer who specializes in the area of vaping and cannabis regulations in the country, I have encountered numerous clients who are seeking guidance on the requirements for the labelling and packaging of their products. This blog post will provide you with a comprehensive analysis of the various regulations that apply to this industry.

I. Overview of the Tobacco and Vaping Products Act and its Regulations

The Tobacco and Vaping Products Act, or TVPA, regulates the manufacturing, advertising, and sale of electronic cigarettes and other related products in Canada. Its main objective is to protect the public health by preventing young people from experimenting with harmful substances. The act also aims to establish a framework for regulating the industry.

The VPLPR is a key regulation that is part of the TVPA. It provides the necessary details about the packaging and labelling of electronic cigarettes and other vaping products. These regulations are designed to ensure that the consumers are aware of the products’ ingredients and safety.

II. Overview of the Consumer Packaging and Labelling Act and its Regulations

On the other hand, the CPLA is a national law that governs the labelling and packaging of consumer goods in Canada. Its main objective is to ensure that the products’ labels are informative and accurate.

The CPLA’s Regulations pertain to the requirements for the labelling and packaging of consumer products, such as electronic cigarettes. These regulations are designed to ensure that the information consumers receive is clear and accurate.

Packaging and Labelling Requirements for Vaping Products in Canada 1

III. Packaging and Labelling Requirements under the TVPA and VPLPR

Vaping Product Packaging

The VPLPR outlines several key requirements for the packaging of vaping products. These include:

Child-resistant packaging: In Canada, all vaping products must have child-resistant packaging. This ensures that the products cannot be accidentally ingested by children.

Tamper-evident packaging: One of the most important factors that must be considered when it comes to the design and packaging of vaping products is the ability to prevent tampering.

Vaping Product Labelling

The VPLPR also sets out specific labelling requirements for vaping products. These include:

Health warning messages: All vaping products must have a health warning label that measures at least 35% of the package’s surface. This should be in both French and English and should be in a legible size and font. It should also rotate among Health Canada’s approved messages.

Nicotine concentration: The label should clearly state the nicotine concentration in the product. This should be shown in milligrams per millilitre.

List of ingredients: The label must contain a list of all ingredients in the vaping liquid, including any additives and flavors.

Product name and brand: The label must clearly display the product name and the brand under which it is being sold.

V. Packaging and Labelling Requirements under the CPLA and CPLR

In addition to the requirements under the TVPA and VPLPR, vaping products must also comply with the general packaging and labelling requirements under the CPLA and CPLR. These requirements include:

Net quantity: The label must display the net quantity of the product in metric units, such as milliliters (mL) for vaping liquids.

Bilingual labelling: All mandatory information on the label must be presented in both English and French.

Legibility: All information on the label must be legible and presented in a clear and prominent manner.

Accuracy: The information on the label must be accurate and not misleading to consumers.

VI. Practical Tips for Compliance

Stay informed: Regularly review and stay up-to-date with the current regulations and guidelines provided by Health Canada and the Canadian government, as changes may occur that could impact your vaping products’ packaging and labelling requirements.

Consult with experts: Seek advice from legal counsel and industry professionals to ensure your product packaging and labelling are compliant with both the TVPA/VPLPR and the CPLA/CPLR.

Plan ahead: Printed and designed compliant labels and packaging can be costly and time-consuming, so plan ahead and consider the requirements when creating new or updating your existing products.

Keep records: Ensure that you have all the necessary records related to your compliance efforts, such as product labelling and packaging proofs. These documents can be helpful in case of a legal dispute or an inspection.

Monitor your supply chain: Follow the supply chain to ensure that all of your suppliers are following the regulations. Doing so will help ensure that the components used in your final product are in compliance.

Conclusion

Getting the proper documentation and labelling for your vaping products is very important to ensure that they comply with the regulations set by the TVPA, CPLA, CPLR, and VPLPR. Having the proper knowledge and resources can help you avoid potential issues and ensure that your products are safe and informative for Canadian consumers.

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Harrison Jordan, Lawyer at Substance Law