Tobacco and Vaping Products Act

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Tobacco and Vaping Products Act
Act of Parliament

The Tobacco and Vaping Products Act (French : Loi sur le tabac et les produits de vapotage) is a Canadian law to regulate the production, marketing and sale of tobacco and vaping products. The law replaced the Tobacco Act, Bill C-71 during the 35th Canadian Parliament in 1997, which itself replaced the former Tobacco Sales To Young Persons Act of 1994 as well as the Tobacco Products Control Act of 1989. [1] [2] The Tobacco Act was amended on July 5, 2010 [3] [4] and renamed to Tobacco and Vaping Products Act in 2018 when similar laws concerning vaping products were added. [5]

Contents

Purpose

The purpose of the Act is to protect the health of Canadians by imposing limits on the sale and production of tobacco products. It increases awareness of the health risks associated with use of tobacco products. The Act also protects young people by restricting the age of purchase. [3]

Regulations made under the Act

Tobacco (Access) Regulations

The legal age to purchase tobacco products varies with each province. A person may be asked for documentation to verify their age before purchasing a tobacco product. Under the Act, suitable forms of identification include a driver's license, passport, Canadian permanent resident document, certificate of Canadian citizenship with signature, or a Canadian Armed Forces identification card. Forms of identification issued by a provincial, federal, or foreign government with a signature, photo, and date of birth are also accepted. In addition, every retailer must place a sign near the tobacco products. The sign must adhere to the specifications outlined in the Tobacco Act. It must be in a visible location with a surface area no smaller than 600 cm2 with the following text:

"It is prohibited by federal law to provide tobacco products to persons under 18 years of age. Il est interdit par la loi fédérale de fournir des produits du tabac aux personnes âgées de moins de 18 ans.” [6]

Tobacco products labelling regulations (cigarettes and little cigars)

Tobacco products must have legible packaging with text in both of Canada's official languages, English and French. The package must contain health warnings and information on toxic emissions, either in the form of text or pictures and text. They must be displayed on equal opposite sides of the packaging, on the largest visible side, and on the lid. The warnings may also be included on a leaflet that is visible when accessing the product. [7]

Promotion of tobacco products and accessories regulations (prohibited terms)

The Act prohibits the promotion and advertising of tobacco products when the terms "light" or "mild" are used. This applies to products, packaging, and accessories associated with tobacco. A retailer also cannot display these products if "light" and "mild" are on the packaging. [8]

Cigarette ignition propensity regulations

The Act requires that every brand of cigarettes manufactured on or after October 1, 2005, be tested by manufacturers to make sure the cigarette burns up completely less than 25% of the time. The test is to be conducted using 10 layers of filter paper and each cigarette tested must be of the same brand. [9]

Related Research Articles

Tobacco package warning messages are warning messages that appear on the packaging of cigarettes and other tobacco products concerning their health effects. They have been implemented in an effort to enhance the public's awareness of the harmful effects of smoking. In general, warnings used in different countries try to emphasize the same messages. Warnings for some countries are listed below. Such warnings have been required in tobacco advertising for many years, with the earliest mandatory warning labels implemented in the United States in 1966. Implementing tobacco warning labels has been strongly opposed by the tobacco industry, most notably in Australia, following the implementation of plain packaging laws.

<span class="mw-page-title-main">Tobacconist</span> Retailer of tobacco and other products

A tobacconist, also called a tobacco shop, a tobacconist's shop or a smoke shop, is a retail business that sells tobacco products in various forms and the related accoutrements, such as pipes, lighters, matches, pipe cleaners, and pipe tampers. More specialized retailers might sell ashtrays, humidification devices, hygrometers, humidors, cigar cutters, and more. Books and magazines, especially ones related to tobacco are commonly offered. Items irrelevant to tobacco such as puzzles, games, figurines, hip flasks, walking sticks, and confectionery are sometimes sold.

The loi Évin is the French alcohol and tobacco policy law passed in 1991. It takes its name from Claude Évin, then Minister of Health, who proposed it to Parliament.

<span class="mw-page-title-main">Legal smoking age</span> Minimum age at which a person can legally purchase or consume tobacco products

The smoking age is the minimum legal age required to purchase or use tobacco or cannabis products. Most countries have laws that forbid sale of tobacco products to persons younger than certain ages, usually the age of majority.

Smoking in France was first restricted on public transport by the 1976 Veil law. Further restrictions were established in the 1991 Évin law, which contains a variety of measures against alcoholism and tobacco consumption. A much stronger smoking ban was introduced on 1 February 2007. Smoking in enclosed public places such as offices, schools, government buildings and restaurants is strictly prohibited. Law officials may enforce the laws with minimum fines set at €500.

<span class="mw-page-title-main">Regulation of tobacco by the U.S. Food and Drug Administration</span>

Regulation of tobacco by the U.S. Food and Drug Administration began in 2009 with the passage of the Family Smoking Prevention and Tobacco Control Act by the United States Congress. With this statute, the Food and Drug Administration (FDA) was given the ability to regulate tobacco products.

<span class="mw-page-title-main">Smoking in Canada</span>

SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.

Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking imposed in Ireland.

<span class="mw-page-title-main">Smoking in Iceland</span>

Smoking in Iceland is banned in restaurants, cafés, bars and night clubs as of June 2007. A large majority of Icelanders approve of the ban. At the time the ban went into effect, almost one in four Icelandic people were smokers.

<span class="mw-page-title-main">Plain tobacco packaging</span> Legally mandated packaging of tobacco products without any brand imagery

Plain tobacco packaging, also known as generic, neutral, standardised or homogeneous packaging, is packaging of tobacco products, typically cigarettes, without any branding, including only the brand name in a mandated size, font and place on the pack, in addition to the health warnings and any other legally mandated information such as toxic constituents and tax-paid stamps. The appearance of all tobacco packs is standardised, including the colour of the pack.

<span class="mw-page-title-main">Tobacco-free pharmacy</span> Retail pharmacy that does not sell tobacco products

A tobacco-free pharmacy is a retail pharmacy where the sale of tobacco products is not available. Outside the United States, it is illegal in countries such as in France and most of Canada for pharmacy stores to sell cigarettes and similar products on the same premises as over-the-counter drugs and prescription medication. Anti-tobacco campaigners advocate the removal of tobacco from pharmacies due to the health risks associated with smoking and the apparent contradiction of selling cigarettes alongside smoking cessation products and asthma medication. Some pharmaceutical retailers counter this argument by reasoning that by selling tobacco, they are more readily able to offer to customers advice and products for quitting smoking.

<span class="mw-page-title-main">Smoking in India</span> History, culture, legality and prevalence of smoking in India

Smoking in India is one of the oldest industries and provides employment to more than five million people directly and indirectly. India is the second-largest producer of tobacco in the world. Smoking has been known since at least 2000 BC when cannabis was smoked and is first mentioned in the Atharvaveda. Fumigation (dhupa) and fire offerings (homa) are prescribed in the Ayurveda for medical purposes and have been practiced for at least 3,000 years while smoking, dhumrapana has been practiced for at least 2,000 years. Tobacco was introduced to India in the 17th century. It later merged with existing practices of smoking.

<span class="mw-page-title-main">Cigarettes and Other Tobacco Products Act</span> 2003 Indian legislation

The Cigarettes and Other Tobacco Products Act, 2003 or COTPA, 2003 is an Act of Parliament of India enacted in 2003 to prohibit advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products in India.

<span class="mw-page-title-main">Smoking in the Philippines</span>

Tobacco smoking in the Philippines affects a sizable minority of the population. According to the 2015 Global Adult Tobacco Survey (GATS) conducted under the auspices of the Philippines' Department of Health, Philippine Statistics Authority, the World Health Organization, and the United States Centers for Disease Control and Prevention, 23.8 percent of the adult population were "current tobacco smokers". This figures represented 16.6 million of 69 million adult Filipinos.

<span class="mw-page-title-main">Regulation of electronic cigarettes</span> International regulations

Regulation of electronic cigarettes varies across countries and states, ranging from no regulation to banning them entirely. As of 2015, around two thirds of major nations have regulated e-cigarettes in some way.

<span class="mw-page-title-main">Vape shop</span> Shop selling vaping products

A vape shop is a retail outlet specializing in the selling of vaping products, though shops selling derived psychoactive cannabis products have increased since the passage of the 2018 Farm Bill. There are also online vape shops. A vape shop offers a range of vaping products. The majority of vape shops do not sell vaping products that are from "Big Tobacco" companies. In 2013, online search engine searches on vape shops surpassed searches on e-cigarettes. Around a third of all sales of vaping products take place in vape shops. Big Tobacco believes the independent vape market is a threat to their interests.

<span class="mw-page-title-main">Regulation of nicotine marketing</span> Regulations regarding the advertising of nicotine-containing products

As nicotine is highly addictive, marketing nicotine-containing products is regulated in most jurisdictions. Regulations include bans and regulation of certain types of advertising, and requirements for counter-advertising of facts generally not included in ads. Regulation is circumvented using less-regulated media, such as Facebook, less-regulated nicotine delivery products, such as e-cigarettes, and less-regulated ad types, such as industry ads which claim to discourage nicotine addiction but seem, according to independent studies, to promote teen nicotine use.

Electronic cigarettes are marketed to smoking and non-smoking men, women, and children as being safer than cigarettes. In the 2010s, large tobacco businesses accelerated their marketing spending on vape products, similar to the strategies traditional cigarette companies used in the 1950s and 1960s.

<span class="mw-page-title-main">Vaporized Nicotine and Non-Nicotine Products Regulation Act</span> Law regulating the use of nicotine

The Vaporized Nicotine and Non-Nicotine Products Regulation Act, officially recorded as Republic Act No. 11900, is a law in the Philippines which aims to regulate the "importation, sale, packaging, distribution, use and communication of vaporized nicotine and non-nicotine products and novel tobacco products", such as electronic cigarettes and heated tobacco products. It lapsed into law on July 25, 2022. As a proposed measure, the law was known as the Vape Regulation Bill.

Switzerland has tobacco legislation defined at federal and cantonal level. It covers protection of the population against passive smoking, restrictions on tobacco advertising, warnings on packaging and taxes.

References

  1. "Federal Legislation and Regulatory Action". Parliamentary Research Branch. Retrieved 1 April 2013.
  2. Mahood, Garfield (1999). "Warnings that tell the truth: breaking new ground in Canada". Tobacco Control. 8 (4): 356–361. doi:10.1136/tc.8.4.356. PMC   1759750 . PMID   10629232.
  3. 1 2 "Tobacco Act". Department of Justice. Retrieved 1 April 2013.
  4. "Hayati pro ultra". Vape Pods. Retrieved 23 February 2024.
  5. Tasker, John Paul (May 16, 2018). "Parliament passes plain tobacco packaging law, regulates vaping". CBC News. Retrieved June 3, 2018.
  6. "Tobacco (Access) Regulations". Department of Justice. Retrieved 2 April 2013.
  7. "Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)". Department of Justice. Retrieved 3 April 2013.
  8. "Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms)". Department of Justice. Retrieved 3 April 2013.
  9. "Cigarette Ignition Propensity Regulations". Department of Justice. Retrieved 3 April 2013.