Policy Summary: 

E-cigarettes (regardless of nicotine content) are regulated as vaping products under the Tobacco and Vaping Products Act (TVPA). They are also subject to either the Food and Drugs Act (FDA) or the Canada Consumer Products Safety Act, depending on the presence of therapeutic claims.  

For vaping products subject to the FDA, manufacturers must obtain marketing authorization from Health Canada prior to sale.

The furnishing of vaping products to young persons (under 18 years) is prohibited under the TVPA, as well as the sending and delivery of vaping products to young persons. The TVPA also has restrictions on the promotion of vaping products, such as a ban on advertising that is appealing to youth, on lifestyle advertising, as well as on sponsorship promotion and the use of testimonials and endorsements.

Under the TVPA, marketing and sale of vaping products that contain certain additives (such as amino acids, caffeine, coloring agents, essential fatty acids, glucuronolactone, probiotics, taurine, vitamins and mineral nutrients) is prohibited. There are also restrictions on the marketing of flavours used in vaping liquids where there are mentions or indications that appeal to youth (including flavours suggestions confectionery, dessert, cannabis, soft drink and energy drink).

The Vaping Products Labelling and Packaging Regulations require all vaping products containing nicotine display a standardized nicotine concentration statement and a health warning about the addictiveness of nicotine. In addition, products containing nicotine must be packaged in child-resistant containers and display a toxicity warning and first aid treatment statement. A list of ingredients must be displayed on vaping substances (e-liquids), regardless of nicotine content. Refillable products, including devices and their parts, must be child-resistant.

Canada limits the amount of nicotine to less than 66 mg/mL under the consumer safety legislation (oral toxicity).

The Vaping Products Promotion Regulations prohibit the promotion of vaping products and vaping product-related brand elements by means of advertising that is done in a manner that can be seen or heard by young persons, including the display of vaping products at points of sale in a manner that allows them to be seen by young persons; and (2) require that all vaping product advertising convey a health warning about the health hazards of using vaping products. 

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