Are Vapes Illegal in Canada?

In Canada, vaping laws are designed to balance the need for harm reduction concerning public health, especially regarding younger people. Those classified as electronic nicotine delivery systems such as vaping products like e-cigarettes and e-liquids, are legal in Canada but are regulated under the Tobacco and Vaping Products Act (TVPA), originally known as the tobacco control act. This legislation aims to ensure that vaping products are available to adults who want to use them as an alternative to smoking while minimizing their appeal and accessibility to adolescents and the youth.

The TVPA establishes rules around the manufacturing, sale, labeling, and promotion of vaping products. For example, it is illegal to sell vaping products to anyone under the age of 18. Additionally, the promotion of vaping products is restricted to prevent the youth from being targeted by advertising. This includes limitations on where ads can be placed and the types of imagery and messaging used. However, some people have found ways to get around this promotional regulation. For instance, usage of a VPN can allow young people access to certain mechanics of vaping video and other related media.

In this legal guide, we’re going to go over other aspects and legal ramifications of vapes in Canada and what you need to answer the question “are vapes illegal in Canada?”.

Are flavored Vapes Illegal in Canada?

As of now, flavored vapes are not entirely illegal in Canada, but there are significant restrictions in place for roughly nine flavoring chemicals. The federal government has enacted measures to limit the availability of flavored vaping products, specifically those that appeal to younger people.

On its own, flavored e-liquids contain propylene glycol and or vegetable glycerin and other chemicals dissolved in a liquid as their core ingredients. While there are concerns regarding the safety of these substances, there is no outright ban or illegal aspects in them. Rather, it’s the flavoring chemicals used in vaping liquids that are widely regulated.

Health Canada, the main government department involved in the matter of “are vapes safe?”, has expressed concerns about the rising popularity of flavored vaping products among young people. flavors like candy, fruit, and other types of dessert are considered particularly problematic because they can make vaping more attractive to young people who might otherwise not consider using nicotine products. As a result, some provinces have introduced bans on specific flavors, while others have restricted where these products can be sold.

For example, in 2020, Nova Scotia became the first province to implement a ban on the sale of flavored e-liquids. This decision was driven by alarming data showing a significant increase in vaping among high school students. Similarly, Prince Edward Island and New Brunswick have also enacted restrictions, focusing on removing flavors that are most appealing to youth from the market. In these provinces, only tobacco-flavored vaping products are readily available, aiming to reduce the attractiveness of vaping to younger demographics.

Moreover, Quebec has taken a slightly different approach by prohibiting the sale of flavored vaping products in convenience stores and gas stations, allowing them to be sold only in specialized vape shops.

The federal government is also considering broader measures regarding vape usage in youth populations. In 2021, Health Canada proposed a ban on most vaping flavors it says appeal to youth. These new regulations would ban the sale of all flavored vaping products except tobacco, mint, and menthol. This proposal is still under review, but if implemented, it would really reduce the variety of flavored vapes available across the country.

While these regulations are aimed at public health and safety with statistics about vaping being used as a precedent, they have also sparked a debate among adult vapers and other groups, who argue that flavored vaping products are important for helping smokers quit. Many former smokers report that the variety of flavors available in vaping products helped them turn away from combustible tobacco. They argue that removing these options could drive some vapers back to smoking, undermining the public health goal of reducing smoking-related illnesses.

Why Is Canada Banning Vape Flavors?

The primary reason behind Canada’s move to ban certain vape flavors is to protect young people from nicotine addiction. Studies have shown that electronic cigarettes with flavored liquids are highly appealing to young people, and there is a growing concern that these products serve as a gateway to nicotine addiction and potentially to cigarette smoking.

Public health officials argue that by removing flavored vaping liquids and substances from the market, it will be less likely that young people will start vaping. The goal is to reduce the initiation and prevalence of vaping among youth, which will result in lowering the risks associated with nicotine addiction and long-term health consequences.

In addition to reducing the immediate appeal of vaping to youth, banning certain flavors also aims to mitigate the potential long-term public health impacts. Nicotine is highly addictive and can harm adolescent brain development. As such, early exposure to nicotine increases the risk of addiction to other substances and can potentially lead to mood disorders and a decrease in impulse control. By limiting the availability of flavored vaping products, the hope is to prevent these outcomes and support the health and well-being of future generations.

Another aspect of this regulatory approach is addressing the so-called “gateway effect.” Research on how vapes affect your body suggests that young people who begin vaping are more likely to transition to smoking traditional cigarettes in an attempt to get a higher kick of nicotine. This could potentially ruin the progress made in tobacco control over the past decades. The flavors in vaping products are seen as a stepping stone, enticing young people into nicotine use and increasing the likelihood of cigarette smoking. By severely limiting access to these flavors, the Canadian government aims to prevent a rise in smoking rates among young people.

Economic considerations also play a role. While the vaping industry argues that flavor bans could negatively impact businesses, public health officials point to the long-term economic burden of nicotine addiction and related health issues as a counterpoint. Indeed, treating nicotine addiction and its associated health problems, such as respiratory illnesses and cardiovascular diseases, is costly. Preventing these conditions through strict regulations on vaping products can lead to substantial savings in healthcare costs over time, saving the government potential millions in funds.

What Vapes Are FDA Approved?

While the FDA is a United States agency and doesn’t regulate products in Canada, it’s still worth noting that only a handful of vaping products have received FDA approval. In the U.S., the FDA requires manufacturers to submit their products for premarket tobacco product applications (PMTA) to ensure they are appropriate for the protection of public health. Vapes that pass the PMTA are then given FDA approval afterward and are legal to sell in the market. If not approved, then this is where the journey of most nicotine delivery systems ends.

To date, some of the vaping products that have received FDA approval include certain devices and e-liquids from major brands like Vuse and Logic. These products were found to be appropriate for the public, primarily because they help adult smokers reduce their dependence on traditional cigarettes. The approval also relies on these products meeting specific marketing and sales restrictions designed to limit their appeal to young people.

In Canada, Health Canada plays a similar role to the FDA. They are responsible for overseeing the approval and regulation of vaping products. Health Canada does not “approve” vaping products in the same way the FDA does, but it does regulate them to ensure they meet safety and quality standards. 

Health Canada’s approach focuses more on regulatory compliance rather than premarket approval. Vaping products sold in Canada, like the Z Pods 20mg Flavoured Vape Pods, are expected to adhere to strict regulations regarding packaging, labeling, and nicotine content. For example, there are clear limits on the maximum nicotine concentration allowed in e-liquids, and products must feature clear and distinct health warnings about the risks of nicotine addiction.

Frequently Asked Questions

Are Vapes Being Banned in Canada?

While there is no outright ban on vaping products in Canada, the government has taken significant steps to regulate their use and availability. These regulations aim to strike a balance between providing adult smokers with access to a less harmful alternative to smoking and protecting young people from the potential harms of vaping.

Where Can You Legally Buy a Vape in Canada?

You can legally buy vaping products from various sources in Canada, including specialty vape shops, convenience stores, and online retailers. However, it should be ensured that these retailers are in compliance with Canadian laws regarding the sale of vaping products.

Are Vapes Allowed Into Canada?

If you are traveling to Canada and want to bring your vaping products with you, you can do so, but there are some guidelines to follow. You must ensure that your vaping products meet Canadian regulations regarding nicotine content and packaging.

You are also allowed to bring a reasonable quantity for personal use. However, it’s a good idea to carry your vaping products in your carry-on luggage, as airline regulations often prohibit them from being stored in checked baggage due to the risk of battery fires.

What is the FDA?

The FDA, or Food and Drug Administration, is a regulatory agency in the United States responsible for protecting public health by ensuring the safety and security of products in the market.

What Vapes Are Illegal in Canada?

Vaping products with high nicotine concentrations are illegal in Canada. There is a set maximum concentration of 20 mg mL of nicotine for vaping products. Vapes with specific banned flavors are also illegal to sell and use in certain provinces.

Summary

Vapes are not illegal to use and sell in Canada. However, there are strict limitations and regulations in place to ensure that public safety and the health of young people are not put at risk. Vaping products must comply with Canadian safety standards, and certain products with high nicotine content or harmful ingredients are banned.

With all these regulations in place, it’s important that you get the right device to safely and legally enjoy vaping. Try out the RabBeats RC10000 Disposable Vape as a safe and legal product for your vaping sessions.