On Wednesday April 25, 2018 ECTA had the opportunity for a 1 ½ hour sit-down meeting with Health Canada. This meeting took place at 3pm at the Main Statistics Canada Building in Ottawa Ontario. ECTA was represented by ECTA President Daniel David, Board of Directors member Mike Meathrel, and Compliance Officer Rachel Longwell. The total number of Health Canada representatives was 12, and included members from the Tobacco Control Directorate, Consumer Product Safety Directorate, and the Regulatory Operations and Regions Branch.

The following summery is our interpretation of the information given by Health Canada during this meeting. These notes were given verbally by the directors in attendance and taken down in writing by ECTA members.

Agenda Items & Summary

1. Opening Introduction, ECTA structure and mandate

The meeting was opened with an explanation of ECTA’s history, mission statement, and a discussion on the vaping industry as a whole to help give Health Canada representatives a better understanding of how it operates. This was accompanied by a booklet containing materials for attendees to follow along with. The Table of Contents for this document is located in Appendix A (see below).

2. Demonstration and explanation of ECTA tools and services provided to members for S5 compliance

The purpose of this agenda item was to give an overview of the additional requirements ECTA members must adhere to such as VG/PG ratios and “Made on” dates. The intent was to demonstrate how these items fit on the already compliant labels, given their likely inclusion in the regulations.

Agenda item #2 addressed the tools currently available on the ECTA webpage that center around Bill S5 compliance. These tools included the size calculator, label maps, label templates, retailer checklists, and FAQ’s. The overall consensus is that all attendees were impressed with the work ECTA has put in to ensuring their members are prepared for Royal Assent, including the extra steps taken to ensure label indelibility. They informed us that upon Royal Assent, they are prepared to start enforcement of all CCCR and CCPSA regulations shortly thereafter. They are simply waiting for the go – ahead to begin.

3. Proposed Nicotine Warning

The purpose of this agenda item was to provide examples of nicotine warnings in terms of placement and size to detail the challenges we might face trying to incorporate them into the label. We hope these challenges will be considered during regulation development and would like to collaborate on this development.

Moving on to agenda item #3, some guidance was offered to Health Canada on the proposed Nicotine warnings size and placement. These warnings have not yet been included in CCCR/CCPSA requirements, however Health Canada hinted many months ago that they would be required in time. ECTA’s main concern is the size requirements of these warnings, considering a compliant label has minimal space to begin with. ECTA offered to work with Health Canada on the preparation of these warnings and any additional warnings to ensure they fit within the label’s without diminishing branding space.

4. Industry compliance status update (CCCR/CCPSA upon royal assent)

Purpose of this section was to identify issues with compliance of imported e-Liquid, and give a general overview of the preparedness of the industry for Royal Assent with hopes of receiving further clarification on what will be required prior to and following Royal Assent.

For agenda item #4 ECTA provided a rough idea of the industry’s preparedness for Bill S5 Royal Assent in terms of compliance, comparing ECTA members with non ECTA members, where the number of compliant ECTA members is approximately 95%.  The issue concerning importation of International E-Liquids from companies that do not fall under the same regulations as Canada, and therefore would not be considered compliant upon import, was also brought to attention.

5. Industry S5 compliance misconceptions

The purpose of Agenda item #5 is similar to that of #4, where common misconceptions were brought to the attention of Health Canada in hopes that potential solutions could be discussed and guidance on requirements could be given.

Agenda item #5 focused on misconceptions that exist in the vaping industry. ECTA identified the main cause of these misconceptions as lack of understanding, grey market mentality, doubting the governments capability to enforce, and mixed messages on social media. Health Canada responded by offering to provide an updated summary of the regulations to clarify what is expected. It was pointed out by Health Canada that rarely is a new industry informed of their classification before being regulated, but an exception was made in this case allowing for companies to prepare ahead of Royal Assent.

6. Nicotine testing classification of 0.1mg/mL

This section was included to remind Health Canada of the difficulties of testing for 0.1mg/mL and to seek clarification regarding the requirements for verifying nicotine concentrations for products currently on the market.

Agenda item #6 was briefly touched on, where ECTA proposed 0.1mg/mL was too low to accurately detect during testing to be the lowest concentration required for CCCR/CCPSA hazard labelling. Health Canada representatives clarified that this concentration is being considered as a consumer threshold to be used by enforcement when inspecting Nicotine Free products to ensure they are Nicotine Free. It was noted that Health Canada was open to discussion about increasing this limit to 0.3mg/mL however no conclusions were made.

7. Questions and feedback on legislation and proposed regulation. 

• We wanted to discuss POD systems and provide examples, specifically of pre-filled systems to identify the potential issue of adding CCCR requirements on individual PODS.
• We required follow up clarification on the requirements for Child Resistant Certifications for Tanks
• We wished to get clarification of E-Liquid brand elements, including fruits on labels, illustrations, and flavor names to improve our ability to advise members during the upcoming audit.

The last item on the Agenda covered, labelling requirements for closed POD systems, child resistant certifications for Tanks, and E-Liquid brand elements and illustrations. Attendee’s were unfamiliar with the POD systems and were given samples to clarify what they are and how they are used. The main issue discussed was the labelling requirements for POD systems as they do contain hazardous liquid, however are too small to be properly labelled following CCCR/CCPSA requirements. ECTA was given verbal confirmation that upon Royal Assent the PODs themselves will not be enforced, but the packaging they come in will be. Adding to this, they have informed ECTA that child resistant tanks will not be a requirement of Bill S5.

There is currently a great deal of confusion within the vaping industry over issues such as flavour names and branding elements allowed on labels come Royal Assent. They also informed us that they will not offer any interpretations on Bill S5 phrasing in regard to flavour names and Images considered appealing to children. The regulation states:

The example given was “Unicorn Milk”, while not technically falling under one of the 5 restricted flavour categories it certainly has an element that could be considered appealing to children. The best course of action for the industry regarding this issue is to avoid, at all cost, anything that could be considered appealing to a child.

The meeting closed with a question period and a show of gratitude from Health Canada representatives for the information ECTA brought to their attention regarding the vaping industry.

8. Other Business

Time allowed for general discussion, where we attempted to get into relative risk statements, couldn’t provide clarification at this point.

The Standard will help keep our industry informed on regulations and showcase new products and technologies. This special publication is designed to tell our stories, promote our relationships and celebrate our successes while continuing to foster growth of the industry.

A MediaEdge representative may contact you over the next few weeks to introduce you to The Standard magazine and provide you with advertising opportunities that will help you reach other businesses across the country.  Below is the Media Kit that they may provide as well.

The Standard is your voice and our voice. Please join us.

If you have questions, please feel free to contact us at info@ectaofcanada.com. Thank you for your support!

Sincerely,

The Directors of the Board.

Here is what we know about labeling requirements under Bill S-5, soon to be the TVPA (upon Royal Assent):

The only thing that is not fully known is the exact verbiage required for warnings about Nicotine addiction, for which HC has provided insight. That exact wording will be written within the regulations.

That’s it…  Everything else is black and white.

Now there have been “arguments” about e-liquids containing less than 10 mg/mL falling outside of the scope of the CCCR, 2001. While that is true, legally (even as stated by HC), failing to apply CCCR, 2001 to any product containing nicotine could put your company at risk of selling a product that violates the CCPSA. Having these warnings may be excessive, an exaggeration of the risk or even a violation of that regulation, but it is highly unlikely that anyone will be fined or cited for OVER stating the risks (especially when it is being advised by HC).

There are also discussions being had with HC with regard to the lower limit for requiring CCCR, 2001 being raised from 0.1 mg/mL to 0.5 mg/mL.

All of that said, based on the facts, below are two examples of what a “compliant” label might look like for an ECTA member.  One that qualifies for the Exemption – small container under CCCR, 2001 (MDP < 35 cm2) and one that does not qualify for that exemption (MDP = 35 cm2 or larger)

Everyone is scrambling to get e-liquid labels into compliance with Consumer Chemicals and Containers Regulations (CCCR), 2001 (and hopefully preparing for the application of the Canadian Consumer Product Safety Act (CCPSA) which is coming soon) but they seem to be forgetting about their bottles.

Perhaps we did not stress it enough previously, but to be perfectly clear, Health Canada has issued their Notice to Industry that clearly states, bottles MUST be child-resistant upon Royal Assent of Bill S-5.

We know that we are facing a challenge with the requirements for child-resistant tanks which is not something that we can control within our market and Health Canada is considering alternatives, but bottles is not something that they are as willing to negotiate at this time.

To be even more clear, being a child-resistant bottle, according to CCCR, 2001 means more than just being a push-down and turn cap.

E-liquid manufacturers MUST ensure that not only their labels comply with CCCR, 2001 upon Royal Assent, but that their BOTTLES HAVE CERTIFICATES meeting the requirements of a child-resistant container under CCCR, 2001.

Just as we faced with CE and ROHS certificates in the early days, there are a LOT of fake documents out there. We have also seen a number of documents that do represent certifications, but the facility that issued the certificates was not accredited by the appropriate agencies. Without the proper accreditation of the certifying agency, the document is worthless.

This IS the responsibility of the manufacturer (or retailer/distributor/wholesaler that imports e-liquid for sale) to ensure that their products are compliant, or you will (literally) pay the consequences.

The clock is ticking and you are running out of time.

We get it, you want them to buy your product, but let’s be clear…

Regulations for manufacturing or testing e-liquid do not yet exist. ISO and accreditation requirements will likely be written into any regulations for vaping products. Those ISO standards will be the requirement, but there is no “Health Canada approval” that comes with any of those things.

For testing, under the Canada Consumer Product Safety Act (CCPSA), ISO/IEC 17025 with accreditation is the preferred standard for testing and reporting. See the snippet below from the Frequently Asked Questions for the Canada Consumer Product Safety Act (reference):

There are currently two members of the ILAC-MRA and both have large lists of ISO/IEC 17025 accredited facilities:

Currently ECTA utilizes Enthalpy Analytics for our e-liquid testing as they are internationally accredited to the ISO 17025 standard.

We have been asked many times by many individuals, businesses and organizations why we do not utilize a Canadian facility for our testing needs. The answer to that question is, “We would LOVE to!” We have actively pursued several labs in Canada since 2012 but have not been able to find one to meet the needs for our testing.

The required criteria that we need in an e-liquid testing facility are as follows:

If you are a lab, in Canada, or know of one that can meet the requirements above, please reach out to us through our Contact page because we have been looking for you!

They still have their online/retail store in Kenora, which will remain as a member of ECTA but, unfortunately, we are loosing them as active directors.

We wish them the best of luck and we will certainly remain in close contact going forward.

They are departing with these words…

Over the past 6 years, ECTA has reviewed and identified many relative laws and regulatory frameworks within Canada that can be applied to vaping products and established a program which became the ECTA Industry Standard of Excellence (ISE).  This program has been successfully applied to our membership for the past several years and we have presented this program to various agencies in Canada in an effort to gain approval and recognition as well as help guide a correct regulatory fit.

Being an organization founded on regulatory standards and compliance, the Board of ECTA of Canada is pleased to announce a project on which we have been working.  Back in 2015 we began a project for Certification and Accreditation, following a path similar to that of other regulated industries in Canada. The purpose of the program would be to ensure that industry business owners and their employees would have the proper education and elevated standards needed to provide consistently professional and accurate services to consumers. Upon completion, the program would be made available nationwide to the vaping industry and their employees.

Though, initially a “side-project”, after numerous meetings and discussions with various members of the provincial and federal government, it became clear that standardized training enforced by an accreditation program such as the ECTA ISE, would not only benefit the industry, it would also alleviate many government concerns. This became a top priority as we approached the announcement of federal legislation.

We expect to begin the launch with our members in August, after which we will announce general availability to the industry at large, when it is ready.

The current structure of the program has two courses (more will be added in the future):

• Vendor Basic – This course will ensure staff will have sufficient knowledge to sell 1st, 2nd and 3rd generation vaping product kits, e-liquid and accessories. It includes basic battery safety information, common terminology, and provincial laws that impact the sale of vapour products, among other things.
• Vendor Advanced – This course is only available upon the successful completion of the Vendor Basic course, and is targeted at managers and owners. It includes advanced battery training, coil types and material, Federal legislation and  requirements, physiological aspects of nicotine, harm reduction, e-liquid testing, and importation, among other things.

The Vendor Basic program is comprised of 13 modules and the Vendor Advanced program consists of 10 modules.  These modules will contain information and training , interactive quizzes  along with a final certification test.  This program will be offered online and upon completion, the registrant will be given certification that they have completed the program.

To break down the program(s) a bit further..

General outline:

Training and Certification for Vape Shop staff will be hosted on the ECTA Certification website and will consist of a number of training courses and exams. Each course will consist of a number of modules, each followed by a content knowledge quiz. Upon completion of each module and quiz, the trainee will complete a final online exam. Successful completion of the exam will result in a certificate of completion for either the Vendor Essentials or Vendor Advanced courses.

Applicant name, address, contact info, quiz and exam results will be stored in a secure database. Vendors, applicants, and any government reporting authority will be able to run a limited search to verify authenticity and completion date of issued certifications.

Course outline:

There are two certification courses; Vendor Essentials and Vendor Advanced. Before the Vendor Essentials certification is complete, trainees will be required to select and complete at least one of the 10 provincial and 3 territory regulation courses.

Vendor Essentials Module Outline

Vendor Essentials – This course will ensure staff have sufficient knowledge to sell Gen 1-4 EC kits, e-liquid, and accessories. It includes basic battery safety information, common terminology, and provincial laws that impact the sale of vapour products, among other things.

Vendor Advanced Modules

Vendor Advanced – This course is only available upon the successful completion of the Vendor Essentials course, and is targeted at managers and owners. It includes advanced battery training, advanced coil builds and material, Federal legislation & requirements, physiological aspects of nicotine, harm reduction, advanced e-liquid testing, and importation among other things

Modules, Quiz’s, and Exams

Modules – Each module will be hosted online in a “slide show” training format. The reading material will have a timer to prevent users from just skipping to the quiz. This timer will be short enough to allow those with advanced knowledge to get through the material faster. Modules are designed to be completed in relatively short time frames (15-20 min) in order to facilitate course completion at the users convenience. Shorter, more numerous modules allow users to easily pick up where they left off.

Quiz’s – There is a quiz at the end of each training module. Upon completion of the training material, the user will be prompted to complete a quick 10-15 multiple choice quiz. The quiz may be taken multiple times but a score of 80% or greater is required before the module is checked as complete.

Exams – Upon the successful completion of all modules and passing every quiz, the user will then have access to take the certification exam. There are multiple versions of the exam. Exams will be approximately 100-150 multiple choice, T/F, and drag and drop questions covering information from each previously completed module.

Certificate – Once the course has been completed with a passing grade, the user’s information will be recorded in a secure database and a certificate of completion will be issued.

Accreditation

ECTA’s Accreditation program will consist of an expanded ISE designed to support and protect membership. This expansion to our existing standards will include:

• Verification of certified staff
• Assistance with provincial compliance
• Assistance with Federal compliance (testing, labeling, marketing etc.)
• Assistance with federal reporting requirements
• Utilizing audits to complete federal reporting requirements and their submission on behalf of the member.
• Utilizing audits to ensure product, sales force, and marketing compliance in order to avoid costly fines.

Both the certification and accreditation programs rely on each other in order to realize the greatest benefit and government endorsement. With federal legislation looming, time is of the essence. Expect further details and progress updates throughout the summer months.

ECTA will continue to strive to bring the best standards and information forward and work with our government in relation to the vaping industry.   Certification programs are found in almost every industry in Canada, and this program ensures the knowledge and competence for front end staff, managers and shop owners.  It shows a commitment to our legislators and will help with the explosion of growth we are experiencing within this industry.

More often than not, we have observed that a majority of these incidents are a direct result of improper handling and / or lack of understanding about risks and limitations of the batteries and devices being used.

In a Canada-wide effort to help educate consumers (or anyone) with battery handling and safety information, ECTA, CVA and Innokin have joined forces to launch Battery Safety Week.

Though we’ve had some unforeseen shipping delays, beginning on April 23rd, you will begin seeing posters and placards in retail shops across Canada as well as on-line and across social media.

As part of the event, 50,000 silicon protective battery cases are being distributed to shops across Canada and are to be given to customers free of charge (or provided with purchased batteries in Quebec locations). This will continue throughout the week, while supplies last.

Additionally, a Battery Safety website as well as a Battery Safety Facebook page have been launched to provide more information.

We hope everyone takes advantage of this event and helps spread information related to battery safety. If you can prevent just one future incident, it is worth the effort.

Vape Safe, everyone!

Product labeling is extremely important in terms of providing basic consumer information, safety information and protection. Health Canada has also taken note of the standards we have adopted and is currently considering options for regulations under the current Bill S-5 legislation.

Recently, there has been a significant “boom” in the market with the appearance of 60 mL “Gorilla” bottles. They seem to be everywhere we look.

This, in and of itself is not a bad thing, but it is very important to note that the size of the Main Display Panel dictates the sizes of the Hazard Symbol (Skull) and Signal Word (DANGER).

At a glance, a majority of the bottles that we’ve seen have a Hazard Symbol and Signal Word that are much smaller than the regulations would dictate. Also, many may not qualify for the Exemption – Small label, thus would require more information than at 30 mL bottle (for example). This is important to note for any size bottle that is produced. The size of the bottle will dictate what information is required or optional as well as the required size of certain items.

In order to properly implement the CCCR 2001, different bottle sizes must be evaluated separately. In an effort to simply this process for the industry, we do have a page that will tell you exactly what is required and at what sizes they need to be. We highly recommend that you use the ECTA Label Policy in your label design process.

It’s all there… All you have to do is enter the measurements matching the size of your bottle(s), check the box to indicate if it will contain nicotine and click the Calculate button.

Based on the measurements from a couple of different 60 mL bottles, the following was the result:

Source: CLICK HERE

Even if you are not a vaper or smoker or even if you don’t care about smokers, Bill S-5 impacts YOU in the form of taxation for coverage of healthcare cost. The government of Canada allows the sale of deadly tobacco cigarettes that are killing nearly 37,000 Canadians every year. Shouldn’t information and accessibility to a product proving to be a significant harm reduction tool against smoking be more readily available and distributed freely to smokers?

Come on, Canada…  Either we SUPPORT Harm Reduction or we don’t.

With Bill S-5, the federal government is trying to pass legislation that targets electronic cigarettes and vaping. It hasn’t come into effect yet but did pass second reading and is now in committee so it’s important for Canadians to know what’s wrong with this bill.

First, it lumps vaping into the same category as smoking tobacco, but there’s a big difference between the two.

Vaping serves as a harm reduction tool because there’s no combustion involved as there is with tobacco. And while media and government tend to demonize electronic cigarettes, a U.K. study has shown it to be 95% less harmful than smoking traditional tobacco.

Derek From, a lawyer with the Canadian Constitution Foundation, wrote a report that compares vaping legislation across the country, so he knows a lot about the laws surrounding both vaping and tobacco.

According to the Canadian Journal of Public Health, the annual average health care cost per traditional tobacco smoker is $3,071 resulting in a direct health care cost of $4.4B per year. Further, they say the overall economic burden of smoking in 2008 was $18.4B.

Smoking rates have decreased since that time and by 2012 smoking rates decreased to 17.5%. To show what kind of savings taxpayers could realize with decreases in smoking, if that number was down to 12.5% like it is in B.C., this could save $2.8B annually.

Making the switch to electronic cigarettes could make that possible, but the government keeps getting in the way of Canadians accessing harm reduction.