April 20, 2013 - The Quebec government today published the Official Gazette of Quebec, proposing a ban on flavored nicotine e-cigarette products except tobacco flavored products.

The communique also recommended a volume limit of 2 mL for preloaded devices and 30 mL for refilling containers.

In addition, the draft regulations limit nicotine concentrations to 20 milligrams per milliliter and prohibit the use of any form, appearance or function that might be attractive to minors, both of which are already regulated by the federal government.

The Canadian E-Cigarette Association (CVA) is unhappy with the proposed regulations, and the association and industry advocates have clearly outlined the negative impact of such policies on the Quebec government. E-cigarettes have been shown to be much less harmful than smoking, and there is plenty of evidence from jurisdictions that have put flavoring bans in place that the public health impact is negative, as many e-cigarette users will return to smoking and fewer smokers will switch to e-cigarettes.

Moreover, in the proposed regulations, the Quebec government recognizes that specialty vapers will close and lay off workers, while convenience stores selling tobacco companies' own brands will have less of an impact on sales.

The CVA argues that the Quebec government does not fully understand the scope of the expected economic impact. Canada has already seen, through Nova Scotia, the decimation of specialty industries within 90 days of the flavour ban. Quebec will experience thousands of business closures, job losses, broken lease agreements and termination of contracts with third-party suppliers.

"Ironically, Quebec began this regulatory process because of a news report alleging that vape shops were selling candy to entice young people to use e-cigarettes. The net effect of the proposed regulations is to destroy Quebec's only age-restricted access point. If the flavor ban is implemented, vape products in Quebec will only be legally sold through the convenience store channel alongside candy." Darryl Tempest, government relations adviser at the CVA Council.

In the proposed regulations, the Quebec government did not indicate that it had taken into account public health implications or regulatory consistency with federal health objectives. The premise that the fragrance ban was proposed to protect young people is flawed in two ways.

For one thing, there hasn't been public data on teen vaping rates in Quebec since 2020. The rule is based on data from three years ago, and addiction experts say they believe teen vaping rates have leveled off and are declining.

Second, prohibition policies, such as prohibition, actually weaken protections for teenagers. The lack of a legal and regulated market opens the floodgates for illegal markets to meet demand. The thriving black market makes it easier to reach young people because illegal sellers do not verify age and sell products that do not meet Canadian regulatory standards. The contraband market will offer products that are high in nicotine and appeal to young people that are banned from the regulated market.

In the meantime, an alternative exists that better protects everyone: ban the sale of flavors at any point of sale where teens have access, but allow the sale of flavors in adult-only vape stores with tightly controlled access.

In Ontario and British Columbia, the solution effectively protects youth while balancing access for adults. Unfortunately, Quebec has chosen to abandon this practical solution in favor of an ineffective ban.

"Quebec's decision to ban flavor is a major victory for tobacco companies, out-of-province suppliers and contraband sellers. What Quebec is doing is shifting demand to tobacco-owned products, to retailers outside Quebec and to criminals. Small businesses and domestic industry in Quebec will be irreparably damaged in favor of multinational corporations." "Tempest said.

Quebec's spice ban violates the constitutional right of vulnerable Quebecers to have access to effective harm reduction products that are essential to enable them to combat and control drug addiction. The CVA is well prepared to support constitutional challenges to regulations and the right to safer alternatives to smoking.