Federal ban on most vaping flavours
Canada Gazette, Part I, Volume 155, Number 25: Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours)
Published June 19, 2021, Health Canada proposed an Order amending Schedules 2 and 3 to the Tobacco and Vaping Products Act to sharply limit flavours and flavouring ingredients in most vaping products. If adopted, the proposal would restrict promotion to tobacco and mint/menthol, ban most flavouring ingredients and all sugars and sweeteners (with limited exceptions), set sensory-attribute standards typical of tobacco or mint/menthol, and exempt Food and Drugs Act–authorized products and exports.
- Published
- June 19, 2021
- Department
- Unavailable
- Section
- REGULATORY IMPACT ANALYSIS STATEMENT
- Comment deadline
- September 2, 2021
- Effective date
- Unavailable
- Publication part
- Part I
Summary
Summary#
This is a proposed federal change called the Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours), published June 19, 2021. It would sharply limit flavours and flavouring ingredients in most vaping products to make them less appealing to young people. The proposal comes from Health Canada and is not law yet; it was open for comment for 75 days after publication.
What it does#
- Limits what flavour names or pictures can be used when promoting vaping products. Only tobacco, mint, menthol, and a mint/menthol combination could be promoted on packaging or elsewhere.
- Bans most flavouring ingredients and all sugars and sweeteners from vaping products sold in Canada. A small list of ingredients would be allowed only to recreate tobacco or mint/menthol flavours.
- Sets a new sensory standard so a product’s smell, taste or mouth/throat sensations must be “typical of tobacco or mint/menthol” (i.e., not taste or smell like fruit, candy, dessert, etc.).
- Exempts products that are authorized under the Food and Drugs Act (for example, medicines or devices that have gone through that approval process) and products made for export.
- The proposal would take effect on the 180th day after the final rules are registered (if adopted).
Who's affected#
- Young people and parents — the rules are aimed at reducing youth interest in vaping.
- Adults who smoke or who already vape — they would lose access to many non-tobacco flavours and some adults say flavours help them quit smoking.
- The vaping industry, including manufacturers, importers, vape shops, and convenience stores. Health Canada’s analysis expects notable costs to those businesses.
- Health Canada — would carry out extra compliance and enforcement work.
- Provinces and territories that already have flavour rules — for example, Nova Scotia and Prince Edward Island already ban flavours other than tobacco; those jurisdictions would be less affected by the promotion ban but would still be affected by ingredient restrictions.
- Small businesses in the vaping sector are especially likely to notice the change. If it is unclear exactly who will be affected in specific ways, the government said more detail would come during implementation.
Why it matters#
- Public health goal: the government says flavours have helped make vaping attractive to young people and that restricting flavours should reduce youth vaping and future nicotine addiction.
- Trade-offs: Health Canada expects benefits to youth health but also warns the move could make vaping less useful as a way for some adults to stop smoking.
- Costs the government estimated: total incremental industry and government costs of about $569.3 million (present value over 30 years) or roughly $45.9 million per year (annualized).
- Break-even view: the department’s model found that even a small drop in vaping initiation by youth — about 1.11% under one assumption, or 2.55% under a scenario where fewer smokers switch to vaping — would be enough for the public-health gains to match the estimated costs.
- The proposal is part of Canada’s wider tobacco control strategy. It would be one of the stricter national approaches internationally because it combines limits on promotion, ingredients, and sensory effects rather than relying on only one of those tools.
Key topics
Source: Canada Gazette