Canada proposes new disclosure requirements for vaping product sales and ingredients

Canada's Minister of Mental Health and Addictions and Associate Minister of Health, Carolyn Bennett, announced a 45-day public consultation period beginning June 18 to inform the development of the new proposed regulations on the reporting of vaping products. The proposed regulations[1] would require vaping product manufacturers to disclose data to Health Canada on sales and ingredients used in vaping products.

According to the press release of the Ministry of Health[2], the proposed regulations would help advance the objectives of Canada's Tobacco Strategy, including increasing public awareness of the dangers of vaping, protecting the health of young people by limiting access to these products, and preventing the public from being deceived or misled about the health dangers of using vaping products.

The vaping market, a rapidly evolving market

Health Canada is justifying these regulations by the rapid evolution of the vaping product market, given the constant introduction of new technologies and products with innovative characteristics. Currently, little data on the composition of these products is available to the general public. However, this data is essential to better understand the impact of vaping product use on the health and safety of users and to implement coherent public policies to combat tobacco use. The proposed regulations would give Health Canada access to additional data, some of which can only be obtained from vaping product manufacturers, which would complement ongoing research and monitoring activities.

Information on ingredients would include, among other things, the concentration of each ingredient or substance used in the manufacture of a vaping substance. With respect to sales, this would involve transmitting, among other things, information on the number of packages of vaping products sold, the number of units contained in a package of vaping product, or the total value of sales in Canada.

A framework similar to that of tobacco products

Health Canada says it has been collecting information on tobacco products since 1989 under the Tobacco Reporting Regulations (TRRR). The latter establishes data reporting obligations on sales, manufacturing processes, ingredients, constituents, emissions, research and development activities, and promotional activities of tobacco manufacturers. This data has "guided decisions on the regulation of tobacco products, particularly with regard to additives, including flavours that are attractive to young people"This information helps assess the impact of tobacco control measures and highlight emerging smoking trends.

For the Canadian government, knowledge of this data for vaping products would allow it to better assess the impact of vaping on consumer health and implement coherent policies.

Stricter regulation around vaping products in the future

The proposed regulations are the first step in a phased approach to introducing reporting requirements for vaping products. Health Canada is considering additional reporting requirements similar to those already in place for tobacco products in the future. This could include reporting on information related to research and development as well as promotional activities. It could also lead to the disclosure of certain information to the public and thus greater transparency in this industry.

Keywords: Canada, vaping, regulation, ingredients, Health Canada

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[1] The Canada Gazette, Part I, Volume 156, Number 25: Vaping Product Reporting Regulations, Canadian Ministry of Health website, published June 18, 2022, consulted June 20, 2022

[2] Press release, Government of Canada proposes new reporting requirements for vaping product sales and ingredients, Canadian Ministry of Health website, published June 17, 2022, consulted June 20, 2022