Supporters from both sides of the electronic cigarette debate say that after the review concluded that no legislative changes were necessary, the Canadian government must take further measures to penalize those who sell e-cigarettes to children.
The Tobacco and Electronic Cigarette Products Act aims to provide safer alternatives to combustible tobacco products for smokers and to protect minors and non-smokers from being drawn into the narrow boundary of consuming electronic cigarettes.
This law, which came into effect in 2018, legalized the sale of electronic cigarette products containing or without nicotine. These products are now available in electronic cigarette specialty stores, convenience stores, gas stations, and online retailers across the country.
After reviewing feedback from provinces and regions, non-governmental organizations, members of the electronic cigarette industry, and the public, the Canadian Department of Health has recently decided that there is no need to amend the law.
According to the commentary, the government can use regulations to establish industry rules, such as proposed regulations to restrict the sale of seasoning products.
However, the review stated that beyond issuing warnings, enforcement measures against violators could potentially be restricted. It suggests that Ottawa explore alternative options.
According to a report submitted to the Canadian parliament in December of 2018, the Health Department suggested exploring the development of additional tools to address cases of repeated non-compliance with gradual enforcement methods, citing limitations in evidence and warning letters.
A report states that online sales targeted at minors are particularly difficult to regulate, as regulations regarding age verification "may not be sensitive enough.
The Canadian Ministry of Health's review of electronic cigarettes and tobacco activities in 2021 came to a similar conclusion, finding that specialized vape shops are particularly prone to rule violations.
Cynthia Callard, Executive Director of the Canadian Physicians for a Smoke-Free Canada, has stated that the current legislation includes fines and penalties for illegal actions, but they have yet to be enforced.
They gave themselves the authority when they passed the law in 2018," Karad said in an interview. "Now they're saying, 'Well, we have to look at other things,' but they haven't really explained in detail why they're reluctant to use the power they have.
A report from the Canadian Department of Health reveals that in 2019, they conducted inspections on over 3,000 professional e-cigarette vendors, gas stations, and convenience stores, resulting in the seizure of more than 80,000 non-compliant e-cigarette products.
During the pandemic, the Canadian Health Department conducted virtual inspections, with a focus on promoting e-cigarettes and nicotine products. Due to illegal social media posts, it issued warning letters to 53% of the 304 retailers it inspected.
In a statement released on Friday night, a spokesperson for the Canadian Health Department said that the department "has developed compliance and enforcement plans" and referenced inspection results. The statement said that "all tobacco and e-cigarette product retailers are responsible for understanding and complying with" the law.
The Canadian health department is following legislative and regulatory requirements and taking compliance and enforcement actions including warning letters, sales suspensions, product seizures, and criminal investigations where necessary.
However, the review did not mention that the law allows for criminal charges to be brought against violators, who may face significant fines or even imprisonment.
Maria Papaioannoy, a spokesperson for Rights4Vapers, agrees that if Health Canada focuses on enforcing regulations, particularly related to the sale of e-cigarettes to minors, it would be helpful.
We believe that responsible e-cigarette shop owners will not sell e-cigarettes to minors. We also believe that responsible convenience store owners will not sell products to minors," said Papaioannoy, whose organization promotes the use of e-cigarettes as a tool for smoking cessation. "This is a black market.
The government announced that there is not much research on the long-term effects of inhaling electronic cigarettes on health and the potential consequences of exposure to second-hand vapor. However, Health Canada did declare that e-cigarettes are a safer alternative to smoking combustible tobacco products.
Papaioannou expressed her satisfaction with the department's acknowledgment during the review that they have not done well in encouraging smokers to switch to electronic cigarettes.
According to the 2021 Tobacco and Nicotine Survey conducted by the government, approximately 5% of Canadians over the age of 20 use electronic cigarette products, with the majority being current or former cigarette smokers.
Among these individuals, approximately half stated that they used electronic cigarettes in order to quit smoking or to reduce the amount they smoked.
According to a study, the number of teenagers using electronic cigarettes has increased since their legalization, but appears to have stabilized in 2021. About 13% of adolescents aged 15 to 19 have used an electronic cigarette at least once in the past 30 days.
In December, the first review was conducted to evaluate the impact of federal legislation on electronic cigarettes, but it did not address the changes made to tobacco product regulation by the law. The goal of Health Canada is to review other aspects of the law within the next two years.
According to Karad, the report should have been submitted before May of last year, as scheduled by the legislation.
The Canadian organization of smoke-free physicians is seeking a court order in November to force the federal government to conduct a review, but the government announced it before this action could take place. Ottawa has not yet responded to the motion.
Karad said that she does not want to spend resources pushing this issue in court, but she believes that the lax attitude towards timelines reflects the government's overall enforcement of rules.
They did not take the law seriously themselves," she said.
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