The rapid growth of the vaping industry in Canada over the past decade has been attributed to the country’s constantly changing legal landscape. Due to the complexity of the legal requirements surrounding the production and marketing of electronic cigarettes, manufacturers have to navigate through the many laws and regulations that regulate their activities.
This guide aims to help manufacturers navigate through the various laws and regulations that affect the production and marketing of electronic cigarettes in Canada. It will also provide them with the necessary information to ensure that they are following the regulations.
There are many legal considerations in Canada when manufacturing vapes.
I. The Tobacco and Vaping Products Act (TVPA)
The TVPA is the primary legislation that governs the marketing, sales, and labelling of electronic cigarettes and other similar products in the country. It was created in 2018 through an amendment to the tobacco act.
A. Manufacturing Requirements
The TVPA provides a framework for the marketing and sales of electronic cigarettes. It also requires manufacturers to follow various obligations, including:
Reporting: Each year, the country’s leading electronic cigarette manufacturers must submit reports to the Health Minister about their sales and other details related to their products.
Ingredient Disclosure: The TVPA also requires manufacturers to disclose the ingredients of their products, which include flavors, additives, and other substances.
Prohibited ingredients: Certain ingredients are not allowed in electronic cigarettes. These include vitamins, amino acids, caffeine, and colourants.
Child-Resistant Containers: To prevent the accidental ingestion of children, electronic cigarettes should be packaged in child-proof containers.
B. Advertising and Promotion Restrictions
The TVPA has strict limitations when it comes to the promotion and advertising of electronic cigarettes.
Prohibition of Lifestyle Advertising: One of the TVPA’s restrictions is on the type of advertising that can be carried out on electronic cigarettes. It prohibits the use of positive or glamorous images or imply that the product is associated with a certain lifestyle.
Prohibition of Testimonials and Endorsements: The TVPA prohibits the use of testimonials, endorsements, and the portrayal of fictitious or real individuals in electronic cigarette ads.
Prohibition of Sponsorship: Besides restricting the types of advertisements and promotional activities, the TVPA also prohibits the use of the names or logos of electronic cigarettes in any type of activity.
Prohibition of Sales Promotions: Promotional offers related to the use of electronic cigarettes are prohibited. This includes free samples, contests, and rebates.
Restrictions on Display: Manufacturers are required to ensure that the displays of their products are not visible to kids.
C. Labelling Requirements
Manufacturers of electronic cigarettes are required by the TVPA to follow specific labelling requirements, including:
Health Warning Messages: Warnings must be placed on the packaging of electronic cigarettes. They should cover at least 30%of the surface area.
Nicotine Concentration: The nicotine concentration must be clearly displayed on the packaging of electronic cigarettes.
Ingredient List: The list of ingredients that are used in electronic cigarettes should be included on the package.
II. The Vaping Excise Stamping Regime
In 2021, the federal government introduced a new vaping excise stamp regime. This new rule, under the Excise Act, 2001, requires manufacturers of electronic cigarettes to affix a label with an excise stamp on their products, which shows that they have followed the required tax obligations.
A. Registration Requirements
Before a manufacturer can legally sell, package, or produce e-cigarettes that contain nicotine, they must first register with the CRA. This process allows the agency to monitor and regulate the activities of the manufacturers.
B. Excise Duty
As soon as they register, the companies are required to pay the excise duty on the products that contain nicotine. The amount of nicotine that’s used in the product determines the tax’s value. The CRA then collects the required amount from the manufacturers on a regular basis.
C. Excise Stamps
To show that they have paid the required tax, the companies must affix a stamped image of the excise duty to the packaging of their products. These stamps can be purchased from the CRA, and they should be affixed in a clear and tamper-evident manner.
D. Record-keeping and Reporting
The companies must also keep records of their tax payments and the products they’ve sold.
All of the records related to the production, import, and sales of e-cigarettes that contain nicotine must be kept by the manufacturer. These records should include information about the nicotine content of the products, the amount of tax paid, and the excise stamps that were affixed.
III. The Consumer Packaging and Labelling Act
Another important legislation that manufacturers of electronic cigarettes should consider is the CPLA, which governs the packaging, labelling, and advertising of their products. This Act aims to ensure that the information on their products is clear and accurate.
A. Packaging Requirements
The CPLA also requires manufacturers of electronic cigarettes to ensure that the packaging of their products is not misleading. This includes avoiding false or misleading statements about the product’s efficacy, safety, or performance.
B. Labelling Requirements
The CPLA also requires manufacturers of electronic cigarettes to follow certain labelling requirements for their products, including:
Identity and Principal Place of Business: The label must include the company’s name and the principal place of business.
Product Description: The product’s label must clearly and accurately describe its intended use and function.
Net Quantity: The net quantity of a product must be stated in metric units on the label.
Language Requirements: All of the mandatory information on the label should be provided in both French and English, the official languages of Canada.
Additional Requirements: In addition to these, additional labelling requirements may also be applied depending on the type of product. These include displaying warnings that are required under the TVPA.
Due to the constantly changing legal landscape in Canada, it’s important for e-cigarettes manufacturers to stay up-to-date with the latest legislation. Doing so allows them to minimize their risk of being in violation of the law. They should also regularly seek legal advice to navigate the market.