That is the $1,000,000 (and/or up to two years in jail) question that everyone seems to be asking. Then there are others that are saying “nobody even knows what it will look like” and that simply is not a true statement.
Here is what we know about labeling requirements under Bill S-5, soon to be the TVPA (upon Royal Assent):
- E-liquid will be regulated under Canada Consumer Product Safety Act (CCPSA)
- Consumer Packaging and Labelling Act (CPLA) and Consumer Packaging and Labelling Regulations (CPLR) apply to consumer products in Canada
- Health Canada has stated that Consumer Chemicals and Containers Regulations (CCCR), 2001 compliance will be required for e-liquid upon Royal Assent for products containing Nicotine
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)