Vaping Advertising Restrictions and Warnings

Summary#

The Vaping Products Promotion Regulations (SOR/2020-143) are final rules published on July 8, 2020 that limit how vaping products can be advertised and displayed in Canada. They mostly ban promotions that can be seen or heard by young people and require health warnings in vaping ads. Most rules take effect on the 30th day after publication, while the rules that stop product displays at the point of sale take effect on the 60th day after publication.

What it does#

• Bans advertising or promotion of vaping products and related branding if it can be seen or heard by young persons, under the Tobacco and Vaping Products Act.
• Allows a limited exception at points of sale for a single, simple sign that only shows availability and price, if it:
  • is the only such advertisement at that location,
  • uses only black text on a white background,
  • has no attention-drawing effects, and
  • for retail signs must be rectangular and no larger than 3 600 cm2.
• Prohibits displaying vaping products, their packages, or brand elements at points of sale if they can be seen by young persons (with an exception where provincial law already bans such displays).
• Requires every vaping advertisement to carry one health warning chosen from a government list published by Health Canada.
• Sets rules for how warnings must look and be placed:
  • a display area must cover at least 20% of the ad,
  • the health warning must take up 60%–70% of that display area,
  • video ads must show the warning at the end for at least 4 seconds (single official language) or 8 seconds (both official languages),
  • audio ads must read the warning at the end at the same speed and volume as the main message, and
  • every warning must be attributed to Health Canada.
• Requires reasonable age-verification steps for online ads and online points of sale so young people cannot access vaping promotions (simple “check the box” is not considered sufficient).

Who's affected#

• Retailers who sell vaping products, especially vape shops and gas and convenience (G&C) stores, which must change how products are displayed and what signs they use.
• Manufacturers, importers and online sellers of vaping products, which must add health warnings to ads, brochures, posters and websites and may need to add age-gates online.
• Advertising and media companies that place vaping ads in public or online spaces accessible to youth.
• Consumers: young people should see and hear fewer vaping promotions; adults may see fewer public ads but can still access information in adult-only venues and on permitted websites.
• Provinces without strong retail display rules (notably Alberta and Nunavut) and businesses operating there may see the biggest changes.

If something in the source is unclear: the rules say age-checks must be “diligent,” but the regulations do not prescribe a single technical method for online age verification.

Why it matters#

• The main goal is to reduce youth exposure to vaping promotions. Evidence cited by the government links youth exposure to ad-driven increases in vaping and nicotine dependence.
• The rules make most public and online vaping ads off-limits to anyone who could be young. That changes what storefronts, websites and social media accounts can show.
• Advertisers and sellers face compliance costs. The government estimated total incremental costs of $7.7 million (present value) over 10 years — about $1.1 million per year — split roughly into $4.2 million for industry and $3.5 million for government enforcement.
• Small retailers and online sellers may need to redesign websites, add age-verification, and change in-store materials in order to keep advertising aimed only at adults.
• From a public-health perspective, the regulations aim to protect young people and support broader tobacco-control goals by reducing inducements to start vaping.