What You Need to Know About Compliant Vaping Products
Product compliance is an important part of operating within Canada's regulated vaping industry.
Packaging, nicotine concentration, product presentation and excise requirements can all help determine whether a vaping product is appropriate for sale in Canada.
Regulations and compliance requirements may have changed since publication. Retailers should confirm current federal, provincial and applicable local requirements before relying on this guide.
Pacific Smoke International is committed to providing products intended to meet applicable Canadian regulatory requirements.
The original guide was compiled using requirements and guidance associated with the Tobacco and Vaping Products Act, Nicotine Concentration in Vaping Products Regulations, Vaping Products Labelling and Packaging Regulations, Consumer Packaging and Labelling Regulations and Excise Act, 2001.
Understanding the basic indicators of compliant and non-compliant vaping products can help retailers make more informed inventory decisions.
For information about provincial differences, retailers can also review our guide to provincial vape laws in Canada .
What Is a Non-Compliant Vaping Product?
Non-compliant vaping products are products that do not meet the requirements applicable to their manufacture, importation, packaging or sale in Canada.
The original article identifies three straightforward warning signs retailers can look for when reviewing products.
Nicotine Above the Limit
Products containing nicotine above the permitted Canadian maximum are not compliant with the nicotine concentration requirements described in the guide.
Packaging or Labelling Issues
Missing required statements, warnings, bilingual information or other prescribed packaging elements can indicate a compliance problem.
Missing Excise Stamp
Products that require a vaping excise stamp should display the appropriate stamp indicating that applicable duty has been paid.
These are useful starting indicators, but they are not the only factors that can determine whether a product is compliant.
Maximum Allowable Nicotine Concentration
Canada's Nicotine Concentration in Vaping Products Regulations establish a maximum nicotine concentration of 20 mg/mL for vaping products covered by the regulations.
Retailers should review nicotine information carefully and discuss any unclear product claims with their supplier before adding the product to inventory.
Retailer check: Confirm that the nicotine concentration displayed on the packaging does not exceed the permitted limit and that the product information is clear.
Packaging and Labelling Requirements
Packaging is one of the most visible areas retailers can review when assessing a vaping product.
The original article separates key requirements into those associated with the Vaping Products Labelling and Packaging Regulations and those associated with the Consumer Packaging and Labelling Regulations.
VPLPR
The Vaping Products Labelling and Packaging Regulations include requirements relating to nicotine information, health warnings, ingredients, toxicity information and child-resistant packaging.
CPLR
The Consumer Packaging and Labelling Regulations contain additional requirements relating to product identity, quantity and dealer information.
Key VPLPR Packaging Elements
Health Canada's current list of prescribed vaping-product warnings can be reviewed on the Government of Canada website .
Key CPLR Packaging Elements
Non-Compliant Flavour Names and Descriptions
The Tobacco and Vaping Products Act restricts vaping-product promotion that could cause a person to believe a product has certain prohibited flavour categories.
The original PSI article highlights the following Schedule 3 categories:
Retailers should consider not only the physical product but also the names, descriptions and other promotional elements presented with it.
The Tobacco and Vaping Products Act should be reviewed for the current wording and requirements.
Depictions of People, Characters and Animals
The original article also identifies depictions of people, characters or animals, whether real or fictional, as an area retailers should examine when reviewing vaping-product presentation.
Packaging compliance is about more than required text. Retailers should also review the visual elements, names and promotional presentation used on the product.
Look for the Required Vaping Excise Stamp
The Excise Act, 2001 includes requirements relating to vaping-product duties and excise stamps.
The excise stamp provides a visible indicator that applicable vaping duty has been accounted for where the stamping requirements apply.
Retailers should be cautious about inventory that is unstamped where a stamp is required or where a stamp appears questionable.
- Whether the product requires an excise stamp
- Whether the required stamp is present
- Whether the stamp appears properly applied
- Whether product and packaging information appears consistent
- Whether anything unusual should be raised with the supplier before the product is sold
Penalties Described in the February 2023 Guide
The original article also outlined potential penalties associated with violations of vaping-product requirements. Because this portion of the article dates from February 2023, retailers should confirm current legislation before relying on the amounts or enforcement provisions summarized below.
TVPA Violations
The February 2023 article stated that certain violations could result in fines reaching $500,000, imprisonment for up to two years, or both, depending on the offence and enforcement outcome.
Unstamped Vaping Products
The article also described substantial penalties for possessing unstamped vaping products, including financial penalties based on the unstamped inventory and possible imprisonment for serious offences.
Retailers should review the current Tobacco and Vaping Products Act and Excise Act, 2001 or obtain appropriate legal advice for current enforcement and penalty information.
A Quick Compliance Checklist for Vape Retailers
Before putting a vaping product on the shelf, retailers can use a basic visual review to identify questions that may need to be raised with their supplier.
- Displays a nicotine concentration at or below the permitted Canadian maximum
- Includes the required bilingual health and product information
- Provides the required ingredient information
- Includes applicable toxicity and child-resistant-container information
- Clearly identifies the product and quantity
- Includes required Canadian dealer information
- Avoids prohibited flavour representations
- Avoids prohibited visual or promotional elements
- Includes an appropriate excise stamp where required
A retailer checklist can help identify obvious concerns, but it does not replace a complete regulatory review.
Where Can Suspected Illegal Vaping Products Be Reported?
The original PSI guide provides federal contact information for retailers or others who suspect illegal or unstamped vaping products are being sold.
Retailers can also review Health Canada's vaping compliance and enforcement information .
Compliance Starts Before a Product Reaches the Shelf
Retailers should consider product compliance as part of the purchasing process rather than something to review only after inventory arrives.
Nicotine concentration, packaging, labelling, product presentation and excise requirements all provide important indicators that can help retailers identify products that require closer review.
A transparent wholesale relationship also matters. Retailers should be able to ask suppliers questions about products, packaging and the inventory being provided to their stores.
Pacific Smoke International supports Canadian retailers across major vape categories through its vape wholesale catalogue.
Wholesale Vape Products for Canadian Retailers
Explore Pacific Smoke International's wholesale catalogue or apply for a wholesale account for your Canadian retail business.
*The information in the original article was updated in February 2023 and may be subject to change.
Disclaimer: The information provided in this article is for general informational purposes only and is not intended to constitute legal advice. Regulations and requirements may change, and this article may not contain the most current legal or regulatory information.
Retailers should confirm current requirements applicable to their business and seek advice from an appropriate legal professional or regulatory authority where necessary.