Sensory Standards for Vaping Products

Summary#

This notice describes a proposed regulation called the Standards for Vaping Products' Sensory Attributes Regulations under the Tobacco and Vaping Products Act. Published on June 19, 2021, it would set limits on how vaping products can smell or taste; the public could comment for 75 days after publication.

What it does#

• Applies to vaping products that are intended for retail sale in Canada, and to products otherwise furnished at retail points where vaping products are normally sold.
• Does not apply to vaping products that already have an authorization under the Food and Drugs Act.
• Requires manufacturers to meet sensory standards when they use certain listed ingredients:
  • If an ingredient from the schedule entry for tobacco is used, the product and its emissions must produce a sensory perception that is only what is typical for tobacco.
  • If an ingredient from the schedule entry for mint or menthol is used, the product and its emissions must produce a sensory perception that is only what is typical for mint, menthol, or both.
• Defines "sensory perception" as perception from the smell, taste, or the trigeminal chemical sense (the latter covers sensations like cooling, burning, tingling or irritation).
• Comments on the proposal were to be sent to the Tobacco Products Regulatory Office at Health Canada within 75 days of publication.
• If adopted, the regulations would come into force on the 180th day after registration.

Who's affected#

• Manufacturers and importers of vaping products intended for retail sale in Canada.
• Retailers and other points of sale where vaping products are ordinarily sold.
• Consumers of vaping products who may notice changes in available flavours or product sensations.
• Products that already have a licence or other authorization under the Food and Drugs Act are not covered by these rules.
• It is not fully clear from the notice how enforcement would be handled day-to-day or how compliance would be tested.

Why it matters#

• The proposal limits what vaping products can taste or smell like when certain ingredients are used. That can change which flavoured products are available on store shelves.
• Manufacturers may need to reformulate products or change marketing and packaging to meet the sensory limits.
• Consumers might see fewer or different flavour options, or products described differently in stores.
• Because this was a proposed regulation, it was open for public comment before any final decision was made.