In Quebec, vaping stores circumvent the ban on flavours

Many Quebec vape shops have changed their status to become grocery stores. They are thus authorized to sell “flavor enhancers,” intended to be mixed with tobacco-flavored e-liquids, the only flavor currently authorized in Quebec. However, these practices would be illegal and should lead to a response from the public authorities.

After five other Canadian provinces, Quebec has, since October 31, 2023, prohibits aromas other than tobacco flavor for electronic cigarettes. The new regulation also limits the nicotine concentration of e-liquids and the capacity of tanks and cartridges ("pods"). It also requires certain information to be included on products and their packaging.

However, it only took a few days for the owners of vaping shops to propose a way around the ban on flavours, with which they hope to get around the new law with impunity.[1].

Flavor concentrates to mix with e-liquid

The method is now proven. First, the store specializing in vaping products changes status to become a grocery store ("repairman" Or "general store"). This change allows it to sell all kinds of products, including confectionery and sugary drinks. Above all, it allows him to defrost his window and welcome minors, which was not possible as a specialist store. However, he can no longer have stalls for their vaping products, which must now be protected from view.

This transformation of commerce is accompanied by the sale of products presented as "flavor enhancers" ("flavor shots" Or "drop shots"). Classified as food products and supposed to be used for cocktails or cooking recipes, these flavor concentrates are in fact designed to be mixed with an e-liquid. The flavors offered are those of desserts, sweets or sweet or energy drinks, exactly those targeted by the new ban. In the window as in the store, these products are placed next to sweets and sweet drinks, as if they were aimed directly at the youngest. The sweet and fruity flavors are indeed a major attractive factor teenagers and young people towards vaping products.

A circumvention practice that irritates the authorities

The rapid spread of these products designed to circumvent regulations has caused consternation among health authorities and health professionals. According to the office of the Minister of Health, "The law is clear: it is no longer permitted to sell any product intended to be smoked or vaped that contains a flavour other than tobacco. We will ensure that the ministry's inspectors analyze these situations and carry out visits as needed to ensure that the law is respected."[2]. Although accustomed to the reactions of manufacturers to regulatory restrictions, Flory Doucas, spokesperson for the Quebec Coalition for Tobacco Control (CQCT), believes that "To see so many traders going against the spirit of the law, on such a scale, surprises us."

However, this circumvention practice puts retailers in a certain embarrassment. For example, they cannot openly advise mixing these products with e-liquids and only proceed by allusion, emphasizing that they are probably well aware of carrying out a fraudulent action. On the other hand, since the dosage of these flavor concentrates is not established, sellers struggle to issue appropriate recommendations for use to their customers. The composition of these products is also not controlled and could include carcinogenic products when inhaled, such as diacetyl.[3].

Circumvention of the regulation on flavours has already been observed with tobacco products. In Europe, the ban on menthol flavours was followed by the appearance of several products aimed at circumventing it: menthol capsules housed in the cigarette filter, menthol card inserted into the cigarette packet, or even aromatic balls to be inserted into the filter. However, many of these circumvention methods have remained fairly marginal, and have not met with the expected success, or have even turned out to be failures, as in the case of menthol cards. They only very partially compensate for the loss of sales. However, they illustrate this practice of circumventing the texts prohibiting flavors in tobacco and vaping products.

Keywords: Quebec, flavor ban, flavor enhancer, circumvention, vaping, Canada

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[1] Quebec: Vape shops are transforming to circumvent the flavor ban, One Shot Media, published January 5, 2023, accessed January 11, 2023.

[2] Morrissette-Beaulieu F, Vape shops are transforming to sell flavors, Radio-Canada, updated November 23, 2023, consulted January 11, 2023.

[3] Blais-Poulin CE, A new perfume race, La Presse, published January 5, 2023, consulted January 11, 2023.