Background:

On May 23, 2018, Canada's S-5 Act (BILL S-5), a bill to amend the Tobacco Act and the Non smoker Health Act, was approved by the royal family. According to the S-5 Act, Canada revised the previous Tobacco Act and renamed it the Tobacco and Vaporizing Product Act. So far, TVPA was last revised on November 9, 2020, which regulates the manufacture, sale, labeling and promotion of tobacco products and steam products. Relevant regulations formulated according to this law include SOR/2021-123 Regulation on Nicotine Concentration in Electronic Atomizer Products, SOR/2019-353 Regulation on Labeling and Packaging of Electronic Atomizer Products, SOR/2020-143 Regulation on Promotion of Electronic Atomizer Products, etc. 
 

Scope of application:

Tobacco products and steam products
 

Restrictions:

1. Nicotine concentration limit in tobacco oil;

2. It is prohibited to add amino acids, caffeine, colorants, essential fatty acids, glucuronolactone, probiotics, taurine, vitamins and mineral nutrition.

3. It is prohibited to sell steam products with the following tastes: candy, dessert, marijuana, soda and energy drinks.

4. Do not sell electronic atomizer products with appearance, shape or other sensory properties or functions

5. No one shall promote electronic atomizer products, including through packaging,

-In a false, misleading or deceptive manner, or may give a false impression of the characteristics, health effects or health hazards of steam products or their emissions;

-Use of terms, expressions, signs, symbols or illustrations prohibited by laws and regulations; perhaps

-Use of prescribed terms, expressions, logos, symbols or illustrations in violation of regulations.

6. No person shall advertise the electronic atomizer product in a way that may lead people to believe that the use of the product or its emissions may bring health benefits, including through packaging.

7. No person shall promote electronic atomizer products, including through packaging, by comparing the health effects of the use of such products or their emissions with the health effects of the use of tobacco products or their emissions.

8. No one shall promote electronic atomizer products, including through packaging, if there are reasonable grounds to believe that such promotion will hinder smoking cessation or encourage the reuse of tobacco products.

9. No one is allowed to display signs or illustrations, including brand elements, on vaping products or their packages. If there are reasonable reasons to believe that the signs or illustrations may make people believe that the products are flavored, it may be attractive to young people.

10. No sales to people under 18
 

Product identification/packaging requirements

1. Steam products containing nicotine

Nicotine concentration statement

? Nicotine concentration in the format "Nicotine – XX mg/mL"

? Packaged electronic atomizer units or electronic atomizer components must be displayed on the main display panel of the outer package

? If the electronic atomizer device or electronic atomizer component is packed in multiple layers, it must be on the main display panel of the electronic atomizer device or electronic atomizer component or on the main display panel of the inner package

? Bottled tobacco oil needs to be reflected on the outer package and product at the same time

? The lettering shall comply with the requirements of this Regulation
 

Health warning

Text requirements

WARNING: Vaping products contain nicotine, a highly additive chemical or

WARNING: Vaping products release chemicals that may harm your health.

AVERTISSEMENT: Les produits de vapotage contiennent de la nicotine.  La nicotine crée une forte dépendance.  

AVERTISSEMENT: Les produits de vapotage libèrent des substances qui peuvent être nocives pour la santé.

? It must reflect both official English and French. Health warnings in one official language must be displayed next to or below health warnings in another official language, and the two must not be combined

? The first word is in capital letters and bold type, and the rest of the words are not in bold type, but in sentence case letters.

? Display in the main display area of the outer package of the product. If the main display area of the outer package of the product is less than 15cm2, the warning words can be reflected in other areas of the outer package or on the instructions;

? Bottled tobacco oil needs to be reflected on the outer package and product at the same time;

? The lettering shall comply with the requirements of this Regulation
 

2. Steam products without nicotine

The electronic atomizer product or package display area displays one of the following expressions:

? (a) "Nicotine free" in English and "Sans nicotine" in French;

? (b) "No nicotine" in English and "Aucune nicotine" in French; perhaps

? (c) "Does not contain nicotine" in English and "Ne Continent pas de nicotine" in French.
 

3. Other requirements

? The ingredients shall be listed in the packaging or main display area of the product: xx, xx, xx; Ingrédients: xx, xx, xx… 

? Taste - If any ingredient or combination of ingredients is added to the vaping substance only to produce a specific taste or combination of tastes, rather than using their common names in the ingredient list, these ingredients must be "flavour" in the English version list and "ar ô me" in the French version list

? If the composition content is ≥ 1%, it must be listed in descending order; Otherwise, it shall be listed in any order and immediately followed by ≥ 1% ingredients.

? Tax label requirements (the importer needs to purchase the tax label and post it on the product package)

? Toxicity information requirements

? Instructions and labelling requirements

? Requirements to prevent children from opening the package
 

Product registration requirements

Each manufacturer shall submit to the Secretary, in the prescribed form and manner and within the prescribed time, information on the regulatory requirements for electronic atomizer products, their emissions and any research and development related to electronic atomizer products and their emissions, and whether electronic atomizer products are sold. The Secretary may request additional information, and each manufacturer shall submit the requested information in a form and manner within the time limit specified by the Secretary. This requirement is not mandatory at present.
 

If you need more details, please contact us. We are dedicated to providing you with high-quality testing and certification services.

Tel.: 0755-28506411

e-mail address: service@element-testing.com

website: http://www.element-testing.com
 

Shenzhen Element Testing Co., Ltd. (Element for short) focuses on providing testing and compliance services for electronic atomizer enterprises.

The Element Laboratory is equipped with dozens of advanced detection instruments and equipment, such as imported vaping machines, liquid chromatography triple tandem four pole liquid mass spectrometry (LC-MSMS), inductively coupled plasma mass spectrometry (ICP-MS), gas chromatography mass spectrometry (GC-MS), inductively coupled plasma emission spectrometry (ICP-OES), high-performance liquid chromatography (HPLC-DAD), gas chromatography (GC-FID/ECD/TCD), ion chromatography (IC) X-ray fluorescence spectrometer (XRF), etc.

The staff of Element Laboratory have bachelor's degree or above, and have worked in the field of testing and compliance services for many years. The engineers of the electronic atomizer project are among the first batch of senior experts engaged in testing and compliance services for electronic atomizers in China.

Element adheres to the research on laws, regulations and testing standards, continues to transmit the latest laws and regulations information to customers, and completes the method validation of new testing standards at the first time and applies them to the testing of related products.