Quebec: the coalition of convenience stores requests an alcohol license to be able to sell vaping products

A group of more than 5,000 convenience stores in Quebec is demanding that retailers who sell vaping products hold an alcohol sales permit. According to them, this would help combat certain vaping stores that are currently circumventing the regulations regarding the sale of flavours and the ban on access to these stores for minors.[1].

On October 31, 2023, Quebec banned the sale of flavored vaping products. Specialty stores - about 400 in Quebec - circumvented the regulations by presenting themselves as convenience stores to be able to sell the flavors in the form of food flavorings. This also allows them to welcome minors into their stores.

According to a recent report by the CCID[2], of the 392 vaping brands identified during mystery inspections, 362 (or 92%) still sell flavor enhancers to allow consumers to flavor their unflavored vaping liquids.

A change in commercial status that allows access to minors and the sale of flavors

Minors are prohibited from accessing stores specializing in the sale of electronic cigarettes in Quebec. Following the new regulations, hundreds of vaping stores have registered as convenience stores (grocery stores) to be able to welcome minors into their establishment and extend their offering to sweet treats and sugary drinks. The stores would thus escape the legislative ban by presenting themselves as simple retail stores, but in this case would not have the right to display their vaping products. However, numerous violations regarding the visibility of vaping products have been noted according to the Quebec Coalition for Tobacco Control (CQCT).[3].

The change in commercial status was also accompanied by the sale of products presented as “flavor enhancers.” 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 intended for electronic cigarettes. The flavors offered are those of desserts, confectionery or sweet or energy drinks and correspond exactly to those targeted by the new ban on vaping products.

Restrict access to convenience stores to minors

For the Canadian Convenience Industry Council (CCIC), requiring an alcohol license for convenience stores selling vaping products “seems to be a fair, simple and effective solution to put an end to the delinquent practices of certain vaping shops.” In fact, convenience stores and grocery stores that obtain an alcohol permit from the Régie des alcools, des courses et des jeux (RACJ) are required to ensure that they have at least 5,500 $ of food in stock in the store. These must be varied and represent at least 51 % of the products offered on display. In addition, the alcohol sales permit prohibits access to persons under 18 years of age in the establishment where it is operated. The signs are also subject to an initial investigation followed by recurring inspections by the RACJ to verify the compliance of the sign. Granting a license for the sale of alcohol would allow for rapid implementation and without additional costs for the government by a simple regulatory amendment, maintains the CCID.

A call for tighter regulation of vaping and strong enforcement

The rapid circumvention of the flavour law by retailers has caused consternation among health authorities and Quebec health stakeholders. The office of the Minister of Health quickly took a position by indicating, "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."

The ministry had already specified last March that a greater number of notices of non-compliance would be served on retailers selling vaping flavour enhancers.

©Tobacco Free Generation

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[1] Charles-Eric Blain Poulain, A liquor license to sell vaping products?, La Presse, published on August 26, 2024, consulted on August 27, 2024

[2] Alex Sauro, The ban on vaping flavors is poorly respected in vape shops, Novoo info, published on May 28, 2024, consulted on August 27, 2024

[3] Generation without tobacco, In Quebec, vaping stores circumvent the ban on flavours, published on January 14, 2024, consulted on August 27, 2024