Health Canada has released an industry guide for vaping products that is subject to the Canada Consumer Product Safety Act (CCPSA) and Part 2 of the Vaping Products Labelling and Packaging Regulations (VPLPR).
The guide, Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act provides information on requirements under the Canada Consumer Product Safety Act (CCPSA) for vaping products that are manufactured, imported, advertised, or sold in Canada. These requirements apply to vaping products that are consumer products; vaping products marketed for a therapeutic use are outside the scope.
Vaping products are subjected to multiple Acts and Regulations:
- Canada Consumer Product Safety Act (CCPSA)
- Tobacco and Vaping Products Act (TVPA)
- Food and Drugs Act (FDA)
- Non-smokers’ Health Act
- Vaping Products Labelling and Packaging Regulations (VPLPR) – jointly authorized by the TVPA and the CCPSA
The objective of Part 2 is to use authorities (outlined in CCPSA) to help protect the health and safety of children by reducing the risk of ingesting vaping substances containing toxic concentrations of nicotine. Requirements are set out in Part 2 to achieve this goal:
- Every vaping substance is required to display a list of ingredients
- A vaping product must not contain nicotine in a concentration of 66 mg/mL or more
- The immediate container of a vaping substance (including stand-alone refill containers) containing nicotine in a concentration of 0.1 mg/mL or more is required to be child-resistant and must display toxicity information
- Any refillable vaping device or part is required to be child-resistant
Failure to comply with Part 2 of the VPLPR may result in Heath Canada recalling the product, seizing the product or prosecution.
Government of Canada. Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act. 2020-07-14. https://www.canada.ca/en/health-canada/services/consumer-product-safety/reports-publications/industry-professionals/vaping-products-canada-consumer-product-safety-act/document.html
Government of Canada. Vaping Products Labelling and Packaging Regulations (SOR/2019-353). 2020-08-06. https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-353/index.html