On September 27th, Health Canada drafted and has just released a Notice to Industry which announces the intent for portions of Bill S-5 (an Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts) that pertain to Vaping Products that are marketed WITHOUT health or therapeutic claims (basically, everyone that operates within our segment of the industry) to be enacted and effective immediately upon Royal Assent.
What does this mean?
On the day that Bill S-5 receives Royal Assent, Vaping Products that are NOT marketed with therapeutic claims will fall under the Canada Consumer Product Safety Act (CCPSA). This Notice to Industry is stating, even though final regulations will still need to be completed, the enforcement of the CCPSA will be effective immediately.
The ramifications of this is the fact that sections 7 and 8 of the CCPSA prohibits the manufacture, import, advertising, or sale of a consumer product that is a “danger to human health or safety”.
In order for vaping products that contain nicotine to fall within the scope of the CCPSA, they must not be a “danger to human health or safety”. Nicotine is a chemical that has been identified by Health Canada as posing a danger. Therefore, products that contain nicotine will be prohibited without applying the Consumer Chemicals and Containers Regulations (CCCR), 2001 including child-resistant tops. Without this, those products are likely in violation of the CCPSA’s general prohibition.
Though Health Canada will continue to review for other potential risks during the regulations development phase, they are saying that these will be enforceable immediately upon Royal Assent.
Fortunately ECTA members already require child-resistant tops for e-liquid an follow the CCCR 2001 guidelines. For everyone else, we highly recommend that you start making these changes immediately.
Tanks or cartridges with child-resistant tops are a bit of a different challenge. This one will severely impact the industry and is potentially devastating for small businesses.
To assist with CCCR 2001 labeling requirements, ECTA has a web page the details the required elements based on the size of your bottle.
Refer to the ECTA Label Policy page for guidance on CCCR 2001 labeling requirements.