Quebec: Ban on vaping flavors not enforced

A year after the law came into force to ban the sale of flavored vaping products (with the exception of tobacco flavor) in Quebec, the regulations are not being applied at all and flavored products remain very accessible in points of sale and on the Internet, public health associations deplore. 

Since October 31, 2023, Quebec has banned flavors other than tobacco flavor for electronic cigarettes. The new regulations also limit the nicotine concentration of e-liquids and the capacity of tanks and cartridges (pods). It also regulates labeling with health warnings on products and their packaging.

Few controls and few sanctions

Very soon after the ban, Quebec retailers changed their status to become grocery stores, allowing them to sell flavor enhancers, intended to be mixed with tobacco-flavored e-liquids.[1]. This change in status has led not only to the continued sale of flavors but also to increased exposure of minors to vaping products. Indeed, unlike specialized stores where they were not able to go, access to grocery stores is not prohibited for them.

The Minister of Health had then expressed his indignation at these circumventions and promised that ministry agents would examine the situations and, if necessary, carry out inspections to ensure that the law is respected. However, for the Quebec Coalition for Tobacco Control, the controls remain insufficient when prosecutions are initiated against retailers who do not respect the law, the procedural delays are too long.

A report from the Ministry of Health and Social Services (MSSS) reveals that only 150 vaping shops (38 % of all shops) were inspected by the MSSS. Furthermore, only 28 of these 150 shops were fined for non-compliance with the legislation, while more than 90 % of them were not in compliance with the law.

The need for more comprehensive federal legislation on this subject

The associations are also calling for a federal ban on flavours, which would put an end to the interprovincial market. Many products from Ontario, where flavours are permitted, are freely imported into Quebec. The Quebec Coalition states that the current situation will not change if the federal government does not provide more resources. In addition to illegal physical retailers, flavoured products remain easily available on the Internet since nothing in the law prevents the shipping of these products across Canadian provinces.[2].

In addition to the easy accessibility of flavored e-cigarettes, another survey showed in August 2024 that the ban on the sale of nicotine pouches outside pharmacies was not being respected in Quebec and that these products were available in many "convenience stores" (retailers) and on the internet.[3].

©Tobacco Free Generation

AE

[1] Generation without tobacco, In Quebec, vape shops circumvent the ban on flavors, published on January 14, 2024, accessed October 31, 2024

[2] Generation without tobacco, Quebec: Flavored vaping products still available on the Internet despite the ban, published on March 18, 2024, consulted on October 31, 2024

[3] Generation without tobacco, Quebec: Ban on sale of nicotine pouches outside pharmacies not respected, published on August 11, 2024, consulted on October 31, 2024