Response to Health Canada Notice to Industry

Posted by VapeMate on 10/7/2017 to Federal Regulation

In response to the Health Canada Notice to Industry Regarding Vaping Products not marketed for a Therapeutic Use, we have sent a letter to Health Canada and the Consumer Products Safety Directorate with our feedback.

We hope that others will do the same.

Silence is Consent...

Good Day,

My name is John Haste, founder and former director of the Electronic Cigarette Trade Association (ECTA) of Canada and owner of VapeMate, a small vaping product retail store located in Kenora, Ontario.

I am writing to you today in response to your recent publication, Notice to Industry Regarding Vaping Products not marketed for a Therapeutic Use, dated September 27, 2017.

Obviously, as a founder of the ECTA, I have always been in favour of reasonable regulations for the vaping industry and strongly support much of what this Notice to Industry is proposing. We based our Industry Standards of Excellence (ISE) guide on the products being regulated under the Canada Consumer Product Safety Act (CCPSA). It is a perfect fit for the products and existing laws can govern a majority of the aspects of the products.

The ECTA standard for e-liquid bottles has always been child-resistant tops and labeling IAW CCCR-2001 and the Food and Drug Regulations for Ingredients listing, plus some addition items for consumer information and safety purposes. This is the part of the Notice to Industry that we, as a small business, fully support.

However, with regard to the child-resistant tops, you have stated the following in footnote #2:

The requirement for child-resistant containers includes vaping liquid bottles as well as device components such as tanks or cartridges that house the vaping liquid.

Specifically the inclusion of tanks or cartridges in the child-resistant requirements is the point of concern. This will have severe ramifications for the existing vaping industry and it places unreasonable demands on Canadian vaping product businesses because child-resistant tanks and cartridges are a very rare thing and are not generally acceptable devices for various reasons.

Also, while child-resistant tops makes sense for e-liquid bottles due to the volume of liquid, comparatively, tanks and cartridges hold significantly less e-liquid than bottles. A majority of the products that we sell holds from 1 to 4 mL of liquid and some hold up to 5 mL. Even if a child did manage to get a tank open, which takes a bit of dexterity in most cases, the concentrations and volume of liquid that the child "might" consume would have minimal effects. The child might get nauseous and feel ill for a short period but certainly would not be dangerous or life threatening. Therefore, I believe the proposition of a child-resistant tank top is an unnecessary requirement.

Looking at our current inventory, we have nothing that falls within what is being required upon Royal Assent, thus we would need to do a complete inventory replacement with different suppliers and manufacturers.

For the above reasons, I would first ask that Health Canada consider re-evaluate the need to include tanks and cartridges as part of the regulatory requirement for child-resistant tops.

If that would not be considered, I ask that Health Canada consider removing the requirement from "upon Royal Assent" to provide the industry some time to attempt to persuade the Chinese manufactures to assist us with designing suitable products for the Canadian market.

While it is "possible" to make a suitable tank top child-resistant, it will require the cooperation of manufacturers in China which serve the global market. Frankly the Canadian market is not much more than a blip in the Chinese market for vaping products. If we are unsuccessful at persuading them to work with us, this single unreasonable requirement will be devastating to the Canadian vaping industry and small businesses across Canada.

Thank you for your time and consideration. Please feel free to reach out to me if you have any questions or would like clarification on my request.

John Haste
531 Park Street
Kenora, ON P9N 1A4
(855) 355-2200

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