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Vaping: Nova Scotia First Province To Ban Flavoured E-Cigarettes, Juices

Darpan News Desk The Canadian Press, 05 Dec, 2019 08:40 PM

    HALIFAX - Nova Scotia has joined a growing list of provinces clamping down on vaping.

     

    Health Minister Randy Delorey announced Thursday the province will be the first to ban sales of flavoured e-cigarettes and juices in regulatory changes that take effect April 1, 2020.

     

    "This decision is in response to our concerns about the growth in particular of youth vaping," said Delorey.

     

    Though Nova Scotia has drastically reduced youth smoking rates in the last 30 years, that progress has been stalled by the popularity of flavoured vaping products, he said.

     

    "This is not just about reducing vaping access and use, but it's also a means to stem potential transfers into traditional tobacco usage as well," Delorey said.

     

    Between 2017-18, the number of young people smoking and vaping in Canada increased for the first time in several decades, Delorey said.

     

    A recent survey conducted by Smoke Free Nova Scotia suggested 95 per cent of young Nova Scotians who vape said they preferred flavoured juices — and 48 per cent of those surveyed said they would quit if flavours were banned.

     

    A 2016-17 survey suggested 37 per cent of Nova Scotia students in grades 7 to 12 had tried vaping at least once — one of the highest rates in Canada.

     

    Delorey said the province plans to roll out a public education campaign and more vaping legislation next year. Under Nova Scotia's current law, e-cigarette products cannot be sold to anyone under 19.

     

    Delorey wouldn't tip his hand on what further restrictive steps would be included in new legislation, but said he has taken notice of what's being done in other provinces. He said it's also important that any potential changes align with steps taken at the federal level.

     

    "It doesn't make sense to duplicate the legislative and regulatory framework between the federal and provincial jurisdictions, so what's being done at the federal level will have some influence and impact on what we decide to do here provincially," he said.

     

    New restrictions on vaping were recently adopted in Prince Edward Island, British Columbia and Newfoundland and Labrador.

     

    The P.E.I. government passed legislation last month that sets the highest age limit in the country, raising the legal age to buy tobacco and e-cigarettes from 19 to 21.

     

    The legislation also bans certain flavours of e-cigarettes and restricts where the products can be sold.

     

    In British Columbia, a 10-point plan is aimed at protecting youth from the health risks of vaping, including legislation that would boost the provincial sales tax on such products from seven per cent to 20 per cent.

     

    Earlier this week, Newfoundland and Labrador banned the introduction of cannabis vape products when pot consumables go on sale later this month.

     

    Last month, several health advocacy groups called on the Nova Scotia government to take urgent action to curb what they called a youth vaping epidemic.

     

    Kelly Cull, of the Canadian Cancer Society, called Thursday's move to ban flavours an "excellent first step."

     

    "It represents an opportunity to really curb one of the major drivers in terms of how and why youth are using these products in high numbers, and the key driver in terms of what is getting youth addicted," said Cull.

     

    She said she'd like to see upcoming legislation raise the minimum age to 21, restrict where e-cigarette products can be sold, cap nicotine levels, and ban online sales.

     

    Robert MacDonald, president and CEO of the Lung Association of Nova Scotia, said the province should also consider taxation as a means to reduce vaping.

     

    "We've seen that in tobacco (and) it's reduced rates," said MacDonald.

     

    In the United States, 47 deaths have been attributed to vaping, and 2,000 cases of severe lung disease have been reported. Thirteen cases of vaping-associated lung illness had been reported in Canada as of Dec. 3, but so far there have been no deaths.

     

    Delorey said to his knowledge, none of the health-related cases have been reported in Nova Scotia under the province's reporting protocol.

     

    "We want to get ahead of this situation rather than battle it years down the road," he said.

    A BRIEF LOOK AT PROVINCIAL APPROACHES TO VAPING REGULATIONS

    With the growing popularity of e-cigarettes, or vaping, health organizations across the country have been pressing for action to limit what they see as a health threat — particularly to young Canadians. The following is a brief summary of the regulatory measures provinces and territories have enacted in an attempt to deal with the situation.

     

    BRITISH COLUMBIA

    The B.C. government introduced a 10-point plan on Nov. 14 that includes cutting nicotine content in vapour pods, restricting flavours aimed at young people, increasing taxes and supporting youth-led anti-vaping campaigns. The plan also includes requiring health warnings on packaging and prevents advertising in areas where youth spend time, including bus shelters and community parks. The government said the new regulations will take effect in the spring of 2020.

     

    ALBERTA

    Alberta has no provincial legislation to address vaping, however, some of its municipalities have bylaws that restrict e-cigarette use in public places. The province's health minister, Tyler Shandro, has also asked for a review of tobacco and smoking legislation, with a focus on regulating vaping, as soon as this fall. The government says the review will help it develop strategies to protect Albertans from the harms of vaping, tobacco and tobacco-like products, and assess the effectiveness of current legislation.

     

    SASKATCHEWAN

    The Saskatchewan government has passed amendments to its Tobacco Control Act to bring regulation of vaping in line with existing tobacco legislation. The new rules will restrict the sale of vaping products to people 18 and older and prohibit the promotion of such products in businesses frequented by young people, such as arcades, theatres and amusement parks. The use of vape products will also be restricted in and around public buildings, including schools and school grounds. The province says it expects the new regulations to be in force early in the new year.

     

    MANITOBA

    The Manitoba government's Non-Smokers Health Protection and Vapour Products Act prohibits vaping by people under the age of 18. It also bans vaping in indoor public places like schools, libraries, hospitals, malls, restaurants and indoor workplaces. The province's ban on the advertising and promotion of tobacco products covers e-cigarettes as well.

     

    ONTARIO

    Ontario has announced that as Jan. 1, 2020, it will ban the promotion of vaping products in convenience stores and gas stations. The government said the decision was made in response to new research that shows vaping is on the rise among the province's youth. However, the promotion of vaping will still be allowed in specialty vape and cannabis shops, which are open to people 19 and older.

     

    QUEBEC

    In Quebec, the sale and supply of vape products to anyone under the age of 18 is illegal, and photo ID is required to buy such products. The online sale of vape products, as well as their use, is banned wherever tobacco smoking is banned. Electronic cigarette advertising — except ads in newspapers or magazines that have an adult readership of not less than 85% — is prohibited, as is the display of e-cigarettes in stores accessible to people under age 18. However, adding flavours to the liquids used in e-cigarettes remains legal, whereas it is not for tobacco products.

     

    NEW BRUNSWICK

    New Brunswick bans the sale of e-cigarettes and e-juices to people under age 19, and no one under that age is allowed to enter a vape shop unless accompanied by an adult. Outdoor advertising by vape shops is prohibited and promotional material inside the shops cannot be viewed from the outside. Restrictions on promotional materials that apply to tobacco in other retail shops also apply to e-cigarettes. The sale of flavoured tobacco, including menthol, is also banned in New Brunswick.

     

    NOVA SCOTIA

    Health Minister Randy Delorey has announced the province will ban sales of flavoured e-cigarettes and juices as of April 1, 2020. Nova Scotia banned the sale of e-cigarettes to anyone under 19 in 2015. Vaping is also prohibited in any venue where tobacco smoking is banned, and vape shops are not allowed to display e-cigarette advertising outside their businesses.

     

    PRINCE EDWARD ISLAND

    The P.E.I. legislature passed a bill in November raising the legal age to buy tobacco and e-cigarettes from 19 to 21 — the highest age limit in the country. The legislation also bans certain flavours of e-cigarettes. E-cigarette sales are already banned wherever tobacco sales are prohibited. Vape shops are not allowed to display e-cigarette devices in a way that makes them visible from outside the premises. Vaping or product sampling in retail outlets is prohibited, as it is in a public place or workplace. Any advertising that is misleading regarding the characteristics, health effects and health hazards of vaping products is also illegal.

     

    NEWFOUNDLAND AND LABRADOR

    Newfoundland and Labrador bans the sale of vaping products to people under age 19. Sales of such products are also banned wherever tobacco sales are banned, and promotional materials for vaping products cannot be visible inside or outside the shop where they're sold. Vape shops are allowed to operate in the province providing they only sell vapour products.

     

    YUKON

    Yukon does not currently have any laws dealing with vaping. However, a bill was introduced in its legislative assembly in October that would, if passed, set the minimum age for buying vape products to 19 and prohibit the display or advertising of such products.

     

    NORTHWEST TERRITORIES

    In the Northwest Territories, the Smoking Control and Reduction Act was passed in August but is not yet in effect. The rule changes would regulate the sale, display and advertising of vape products and the substances used in e-cigarettes. It would prohibit the use of these products by people under the age of 19 and ban the sale of food items that are designed to resemble vape (and tobacco) products. The sale of vape products at locations such as schools, hospitals, pools and recreational facilities would also be banned.

     

    NUNAVUT

    In Nunavut, current regulations only dictate where people can vape, but the territory's chief medical officer of health has said amendments to the territory's Tobacco Control Act to put stricter restrictions on vaping will likely be implemented sometime in 2020. Dr. Michael Patterson said the new rules would likely mirror tobacco regulations, which ban flavoured tobacco and flashy packaging aimed at enticing young people.

     

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