Tightening the Reins on Vaping

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On July 19, 2023, the Government of Québec enacted O.C. 1251-2023, amending the Regulation under the Tobacco Control Act (chapter L-6.2). This amendment specifically targets electronic cigarettes and similar devices, expanding the regulatory framework designed to control tobacco products and safeguard public health. The Tobacco Control Act defines “tobacco” to include electronic cigarettes and any devices intended for inhalation of substances, regardless of nicotine content.

The government’s authority to amend the Regulation is grounded in sections 28 and 29 of the Tobacco Control Act, which empower it to establish standards for packaging, labeling, composition, and characteristics of tobacco products sold in Québec. Section 29.3 further allows for regulations to be applied specifically to electronic cigarettes, limiting their flavors to that of tobacco and prohibiting misleading packaging.

The newly amended Regulation introduces several essential standards for regulating the sale and marketing of electronic cigarettes. Section 6.5 mandates that electronic cigarettes and their components must display critical information on both the product and packaging, including nicotine concentration (in mg/mL), the volume of liquid (in mL), and whether the liquid has a tobacco flavor or is flavorless. Additionally, Section 6.6 requires that manufacturers and distributors comply with specific product standards: nicotine concentration must not exceed 20 mg/mL, the liquid volume must not exceed 2 mL for individual devices or 30 mL for refill containers, and products must not be designed to appeal to minors by resembling toys, food, or characters. Furthermore, Section 6.7 applies section 29.2 of the Tobacco Control Act to electronic cigarettes, reiterating the prohibition of non-tobacco flavors to diminish the appeal of these products to young users.

This regulatory update aims to recognize the need to address the increasing prevalence of electronic cigarettes among youth and young adults. By enforcing stricter labeling requirements and limiting product characteristics that attract minors, the Government aims to mitigate health risks associated with nicotine addiction and promote public health.

These measures are designed to ensure consumers are informed about the products they use and to deter youth access to potentially harmful substances. O.C. 1251-2023 is intended to be a proactive effort by the Government of Québec to more effectively regulate the electronic cigarette market. By establishing clear standards for product labeling, composition, and marketing, the regulation seeks to enhance consumer awareness and reduce the allure of these products to minors, contributing to a broader strategy to protect public health and curb the rise of nicotine addiction among younger populations.

Quebec (OC 12515-2023) August 2, 2023