Health Canada’s Letter to Vaping Product Retailers
June 14, 2019
Dear Vaping Product Retailer,
We are writing to you today to remind you of your responsibilities under the Tobacco and Vaping Products Act (TVPA) as a vaping product retailer and to inform you of an upcoming inspection initiative of retail establishments and on-line stores.
Health Canada is responsible for administering and enforcing the TVPA. In 2019, Health Canada inspectors will be visiting retail establishments, including 1,000 vaping specialty stores and 2,000 convenience stores, to verify compliance with the TVPA.
As part of this initiative, inspections at retail establishments, including both brick and mortar and on-line stores, will include compliance verification of the following prohibitions under the TVPA:
- Furnishing vaping products to young persons
- Advertising of vaping products appealing to young persons
- Lifestyle advertising of vaping products
- Promotion of vaping products through testimonials or endorsements
- Promotion of vaping product flavours appealing to young persons
For additional details regarding the prohibitions listed above, please refer to the enclosed document: Protection of young persons in the vaping product retail environment – Some Key Prohibitions and related Penalties under the Tobacco and Vaping Products Act (TVPA).
Health Canada will respond to observed contraventions of the TVPA. Failure to comply with one or more of these provisions could lead to enforcement action being taken. Health Canada will employ all available enforcement measures to address and resolve non-compliance with the Act, which could include warning letters, negotiated compliance, seizures and prosecution. The offences and punishments for contraventions to the prohibitions referenced in this letter are set out in the TVPA and some of them are referenced in the enclosed attachment.
Should you have any questions regarding the information provided in this letter, or require additional information, please contact Health Canada at: hc.tcp.questions-plt.sc@canada.ca.
Finally, it is your responsibility as a retailer of vaping products to know and comply with the applicable legislation. With regards to the furnishing and promotion of vaping products in Canada, in addition to the TVPA, provincial and municipal legislation may also apply.
Sincerely,
Director, Tobacco and Vaping Compliance and Enforcement Program
Regulatory Operations and Enforcement Branch
Health Canada