Month: December 2015

Bill 45, Making Healthier Choices Act, 2015: E-Cigarettes and Vaping - Part 2

I would like to continue on with my discussion about e-cigarettes and vaping. You can find my previous post here.

In that post I discussed the concerns presented by section 3 of the proposed Bill under the heading display and promotion.

In this post, I would like to focus on section 8 that bans flavored electronic cigarettes.

No person shall sell or offer to sell a flavoured electronic cigarette that has been prescribed as prohibited at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

Again, this provision demonstrates the government’s lack of understanding of what e-cigarettes are.

The government defines an electronic cigarette as follows:

A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine.

The reference to heat a substance is where the issues arises. Anyone that vapes or has reviewed the industry will understand that the substance in question is commonly referred to as e-juice and or e-liquid. The Act proposes no ban on the substance but instead on the actual device being a vaporizer and or inhalant type device, whether it’s called an electronic cigarette and that has a power source and heat.

Section 8 imposes a ban on flavored electronic cigarettes but what about the actual substance?

Walk into a gas station and you can purchase a real flavored electronic cigarette. Many of these are disposable. I would suggest, that yes this would fall into the category of a prohibited device as per the definition of an electronic cigarette and further it being flavored.

However, can a merchant who has been found to be in violation of section 8 by merely selling the e-juice or substance mount a defence that the provision does not apply?

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Electronic cigarettes

Ontario has introduced Bill 45 entitled Making Healthier Choices Act, 2015. The intentions are good. However, of concern is Schedule 3 entitled, Electronic Cigarettes Act, 2015.

Let’s start with the obvious, no one will argue that young people should be banned from using e-cigarettes.

Electronic cigarettes or commonly referred to as vaping has become popular over the last few years. A number of vaping shops have opened up and it’s contributed to a “vape culture.”

Are young people vaping? Yes. Are many smokers suggesting that vaping has helped them cut down and or quit? Yes. Is vaping dangerous? Well it depends. Is vaping available without nicotine? Yes.

That being said the government is looking to push forward legislation in an area they know very little about. Schedule 3 is the result of inaccurate logic and information.

The Electronic Cigarette Trade Association of Canada provides a good synopsis of the concerns the new proposed legislation presents.

Also, Ontario MPP Randy Hillier has spoken out against the legislation and also disclosing how e-cigarettes have helped him, his staff and family members.

The commercial business of vaping very much depends on the ability to demonstrate how vaping works and showcasing the different flavors. Flavors are commonly referred to as e-juice.

This article describes a familiar scenario for smokers.

The new ban will not allow for store owners to showcase the product and further demonstrate how devices work. Many argue that ban has worked out fine for traditional cigarettes. However, again the culture of vaping is very different.

A recent Toronto Star article has suggested that while the ban on the sale to minors will go into effect on January 1, 2016 there will be a review.

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