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TVPA Regulations Taking Effect Nov. 19, 2018

Mike Smider

This is a long read, and you will want to read it as there is some important information here.

Effective today, Nov 19, 2018, some prohibitions have taken effect in the Canadian vaping industry.

These prohibitions are as follows:

  1. Prohibition on the promotion or sale of a vaping product that has an appearance, shape, or other sensory attribute or a function that could make the product appealing to young persons. (See section 30.2 of the TVPA)
  2. Prohibition on the promotion of a vaping product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging. The depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product. (For example, section 30.21 of the TVPA)

What this means is that vaping products that have a face, animal, fictional character, etc. can not legally be sold in Canada (except, from what we understand, a CCCR approved logo).

Effective today, we will be pulling the following flavours/lines from our shelves:

  • Deep Cuts (face on label, new labels in the works)
  • Fogador Dali Catalonia (Crow on label)
  • Angel/Angel Red (Angel on label)
  • T Daawg Labs Sucker Punch, Boxer, Vanilla Heavens (select nicotine strengths; dog on label/non CCCR2001 compliant)
  • Jam Monster/Ice Monster (old stock has “monster” on label/non-CCCR2001 compliant)
  • Any other brands that have non-CCCR2001 compliant labels (i.e. warnings, poison logo)

We are unsure of whether this affects hardware as well, but since the term "vaping product" is used, we assume so. As such, any hardware or hardware packaging will also be subject to the above.

- Promotion -

Reviews could be considered “testimonials”, which are prohibited by the TVPA, and are used to promote products…which is also prohibited by the TVPA. Although further clarification is needed, we have taken precautionary measures by disabling Facebook reviews, as well as removing product reviews from our website.

Regarding testimonials, such statements as “best vape shop” or “how we vape” are considered promotional testimonials, and are prohibited by the TVPA. This affects billboards, printed materials not directly addressed to an adult by name, social media advertising, and website advertising. We have removed any mention of “Voted Regina’s Best Vape Shop” from our website because of this.

- Incentives -

We have disabled the “Queen City Cloud Club” online, as per promotional regulations regarding incentives, and have also disabled all online discount codes as incentives. The TVPA states the following, in part 30.6:

(1) No manufacturer or retailer shall, in a place to which young persons have access,

a) offer to provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or

b) offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.

(2) No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold,

a) provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or

b) furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.

What we have interpreted from this is that anywhere other than physical retail vape shop locations, incentives are not allowed.

We will be keeping our in-store points program unless we are told we are not allowed to have it (if it falls under these two regulations). However, we advise those of you that have collected enough points to redeem items/discounts, to do so as soon as possible as there is the possibility that in-store incentive programs may not be allowed.

We will provide more information as it is relayed to us.

The full Tobacco and Vaping Products Act (TVPA) can be found here: https://laws-lois.justice.gc.ca/eng/acts/T-11.5/



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