Vaping Product Labelling and Packaging Rules

Summary#

These are the final rules called Vaping Products Labelling and Packaging Regulations (SOR/2019-353). They require clearer labels (nicotine level, a nicotine-addiction warning, ingredient lists) and safer packaging (child-resistant containers and toxicity warnings) for most retail vaping products in Canada. Most rules came into force on July 1, 2020, with the child‑resistant requirement for refillable devices and their parts delayed to January 1, 2021.

What it does#

• Requires a standard nicotine statement on products that contain nicotine, expressed in mg/mL (for example, “Nicotine — 20 mg/mL”).
• Requires a health warning about nicotine addiction (from the government’s published List of Health Warnings for Vaping Products). Warnings must be in both official languages and follow placement and font rules.
• Allows only three standard ways to say a product is nicotine‑free (English/French pairs such as “Nicotine‑free / Sans nicotine”).
• Requires a readable ingredient list on every vaping liquid (vaping substance). Ingredients added solely for flavour may be listed simply as “flavour / arôme.”
• Prohibits vaping products that contain nicotine at concentrations of 66 mg/mL or more from manufacture, import, sale or advertisement.
• Requires child‑resistant immediate containers (and many refillable devices or parts that hold liquid) when nicotine is present at 0.1 mg/mL or more. Manufacturers/importers must test or document compliance to recognized child‑resistant standards.
• Requires a toxicity symbol and a bilingual emergency statement—“POISON: if swallowed, call a Poison Control Centre or doctor immediately.”—on containers of vaping liquid with nicotine at 0.1 mg/mL or more.
• Sets technical rules for where labels must appear, minimum type sizes, black text on white background, bilingual placement, irremovable labels, and rules for leaflets/tags.
• Sets transition rules: a 180‑day grace period after any change to the government health‑warning list; documents demonstrating child‑resistant compliance must be kept for 3 years and provided to inspectors within 15 days on request.
• Moves vaping product labelling/packaging detail out of the older Consumer Chemicals and Containers Regulations so the new rules sit under both the Tobacco and Vaping Products Act and the Canada Consumer Product Safety Act.

Who's affected#

• Manufacturers and importers of vaping devices, parts, and vaping liquids. They must change labels, test or document child‑resistant packaging, and keep records.
• Retailers and vape shops, who must sell products that meet the new labelling and packaging rules and may need to change inventory practices.
• Consumers, especially parents and caregivers of young children, who will see clearer warnings and safer packaging.
• Youth and non‑smokers: the rules aim to make nicotine content and addictiveness clearer, which could affect decisions about use.
• Products subject to the Food and Drugs Act (therapeutic vaping products) are treated differently; parts of these labelling rules may not apply to them.

Why it matters#

• Public safety: nicotine is acutely toxic if swallowed. The child‑resistant and toxicity‑warning rules are designed to reduce child poisonings and give quick first‑aid instructions in emergencies.
• Consumer information: standard nicotine‑content labels and a clear addiction warning make it easier for people to know when a product contains nicotine and to compare products. That helps adults make informed choices and may deter some youth or non‑smokers.
• Business impact: Health Canada estimated industry compliance costs totaling $12,580,500 in present value (about $1,013,500 annualized), and government costs of about $2,965,000 present value (about $223,000 annualized). Small businesses in the vaping sector were identified as likely to feel the biggest operational effects.
• Ongoing change: Health Canada can update the official list of health warnings; industry then has 180 days to switch labels. If anything in the text above is unclear about whether a particular product or situation is covered, the source regulations or Health Canada guidance should be consulted.