FREE SHIPPING on orders over $50
The government of Quebec claims that this flavour ban will discourage youth from adopting and becoming dependent on nicotine. But the industry has a stronger argument.
As of October 31, 2023, Quebec will officially prohibit the sale of flavoured vaping products, permitting only tobacco and flavourless products to be sold. On the same day regulations will pass that prohibit the sale of pre-filled devices, and pod cartridges with a capacity above 2.0ml, and limit e-liquid bottle size to 30ml.The government of Quebec first announced the flavour ban in April by publishing a draft of the legislation in The Quebec Official Gazette.
Finally, on August 2, the official regulation was published with the ban set to take place 90 days after on October 31, 2023, leaving the over 30,000 people who voted against the ban feeling like they were not listened to.
Quebec’s vape flavour ban will cause 400 businesses to shut their doors and leave 2,200 people unemployed
With only tobacco and flavourless products available Quebec’s speciality vape stores will no longer be considered special, the shelves will be empty and there will be no reason for customers to shop at vape stores when gas stations sell the same products and are more convenient. This will result in lost revenue for over 400 Quebec businesses forcing the majority of them to close their stores and lay off upwards of 2,200 employees.
Quebec’s flavour ban will create an opportunity for a black market to thrive
Quebec’s intention for banning flavoured vaping products is to make them less appealing in the hopes of discouraging youth from adopting vaping, but doing so creates an opportunity for a lucrative black market to thrive. The desire for flavoured products remains strong, and people are willing to go to lengths to obtain the products they feel are appropriate for their consumption as an adult. The high demand for flavoured vaping products in Quebec creates an opportunity for criminal organizations to import and sell them in unregulated markets, making it easier for youth to access them.
On top of this products sold in black markets often are observed with nicotine concentrations above the 20mg/ml federal limit, and with higher nicotine levels these black-market products are easier for youth to get addicted to. In addition, these products are usually not subject to sales taxes and may not have excise tax stamps applied to them, resulting in lost tax dollars, A higher rate of youth addicted to vaping and making the entire situation worse than it was before the flavour ban.
Quebec’s flavour ban could set new standards for vaping regulations throughout Canada
The governments of 6 Canadian provinces and territories have introduced regulations, or legislation prohibiting the sale of products that contain e-liquid with flavours other than tobacco, mint and menthol. When the legislation is passed Quebec will become the largest Canadian government to prohibit flavours. The 5 other provinces, and territories that have implemented flavour bans include Prince Edward Island, Nova Scotia, Northwest Territories, New Brunswick, and Nunavut which recently passed a flavour ban on May 31, 2023.
Also, 3 Canadian provinces have already restricted the sale of flavoured vaping products to “speciality vape stores” which are adult-only premises where children are not allowed. These provinces include British Columbia, Ontario and Saskatchewan. With a proof of concept in place and Quebec’s recent decision more provinces/territories could follow by implementing their own laws against flavoured vaping products.
In 2021 Health Canada, a government agency proposed a flavour ban for all of Canada that would become effective in early 2022, but the proposition may have been abandoned, or rescheduled without notice while flavoured vaping products remain federally legal.
Quebec regulation increases the cost of Excise Tax for the consumer
Quebec’s new regulations limit pre-filled devices, and pod cartridge capacity to 2ml, and e-liquid bottle size to 30ml. Since the vaping excise tax is calculated based on volume, and is most expensive for the first 10ml of e-liquid, smaller capacity products increase consumer cost. For example, excise tax is calculated as follows $1 per 2ml on the first 10ml, and $1 per 10ml thereafter. So a 30ml bottle attracts $7 in tax, while a 60ml bottle has $10 in tax. It's unclear whether or not Quebec put these regulations in place to make vaping even less appealing by making it more expensive, or if they are just following British Columbia’s rules regarding the maximum capacity of vaping products.
People will switch back to smoking cigarettes
It does not make sense for an adult who enjoys using flavoured vaping products to switch to tobacco-flavoured vaping options when real tobacco is readily available. The ban on flavoured products in Quebec could potentially cause people to turn to harmful alternatives such as cigarettes.