Nicotine Limit for Vaping Products

Summary#

The Nicotine Concentration in Vaping Products Regulations: SOR/2021-123 limit how much nicotine can be in vaping liquids sold at retail in Canada to 20 mg/mL. The rule was published in the Canada Gazette on June 23, 2021 and came into force 15 days after publication (effective July 8, 2021). Health Canada estimates the industry cost of the change at about $452.0 million (present value) over 30 years.

What it does#

• Applies to every vaping product and its packaging that is intended for retail sale or to be otherwise furnished at a retail point of sale in Canada.
• Sets a maximum nicotine concentration of 20 mg/mL for vaping liquids. The nicotine level must be measured using the ISO 20714 test method and converted to mg/mL as specified in the regulations.
• Prohibits packaging or selling a vaping product if the package displays a nicotine concentration statement above 20 mg/mL.
• Does not apply to vaping products authorized under the Food and Drugs Act (those are regulated as therapeutic products).
• Keeps an existing rule that bans extremely high nicotine levels intended for export — vaping products of 66 mg/mL or more remain prohibited for sale under the labelling regulations.
• Gives retailers a short transition period: they may sell products packaged contrary to the new packaging rule for 15 days after the regulations come into force.
• Provides for compliance checks (sampling and testing) and enforcement measures, including possible seizures and fines. Penalties described in the underlying law include fines up to $500,000 on summary conviction and up to $1,000,000 on indictment for certain offences.

Who's affected#

• Manufacturers and importers of vaping liquids and devices that sell into the Canadian retail market.
• Retailers who sell vaping products, including specialty vape shops, gas and convenience stores, and online sellers.
• People who use vaping products, especially young people and adults who rely on high‑nicotine products.
• Governments and regulators (mainly Health Canada), which handle testing and enforcement.
• Some provinces (for example, British Columbia and Nova Scotia) already had a 20 mg/mL limit, so the federal rule aligns with existing provincial rules; in other provinces the supply chain and retailers will be more directly affected.
• Exporters of vaping products are affected by related labelling and export limits (the 66 mg/mL rule remains for export).

If it is unclear whether a specific group or product is covered (for example, products with therapeutic claims), the regulations exclude products that are authorized under the Food and Drugs Act.

Why it matters#

• The government says the rule is aimed at reducing the appeal of vaping products to young people by removing higher‑nicotine products that can be especially attractive and addictive to youth.
• Health Canada used a cost‑benefit approach and estimated industry costs of about $452.0 million (present value) over 30 years, plus a one‑time compliance‑promotion cost to government of about $18,682 (present value).
• The department’s analysis says a modest reduction in youth vaping initiation (for example reductions in the low single digits) would be enough for the public‑health gains to outweigh those costs.
• There are trade‑offs and uncertainties: some public submissions argued the limit could make it harder for some adults to switch from smoking to vaping and could push some users to seek products from abroad or the illicit market. Health Canada notes these risks but kept the 20 mg/mL limit to reduce youth inducement.
• Enforcement means retailers and manufacturers need to check labeling and product tests against the new limit. Non‑compliance can lead to penalties and product seizure.