Thomas Kirsop has created a detailed analysis of the proposed federal vape flavour ban which he has submitted to Health Canada. I am posting it here with his permission:

Highlights include:

“I stopped smoking seven years ago by switching to vaping. Not only did Health Canada not
approve of my method, but Health Canada was also of the opinion I was breaking the law by
quitting according to the notice issued by the department in 2009.”

“CTNS 2020 results published in “The Daily” on the Government of Canada website indicate that
the physical number of youth who have vaped in the past 30 days (291,300) has dropped by
roughly 8.8% from CTNS 2019 (319,295).”

“Hypothetical or potential risks do not provide substantive evidence of definitive harm. “This
product will hurt you because the contents might be dangerous” is an illogical statement. This
error of logic appears within most Health Canada publishings regarding vaping products.”

“Health Canada is well aware that cigarette consumption will increase due to these regulations.

Health Canada is well aware that these regulations will support continued smoking behaviour in an at-risk population.

Health Canada anticipates and accepts that harm will occur to an at-risk group due to these regulations.”

Things that I am confident the proposed regulations will accomplish

Health Canada will have given the appearance of “doing something” about youth vaping.

Where the intent is to significantly curtail the availability and appeal of flavoured vaping products in the legitimate market, the proposed regulations will be very effective.

The regulations certainly will impact initiation and usage rates, particularly among adult dual users and adult smokers who may wish to try vaping as a harm reduction or cessation tool and find they do not like what is available on the legal market.

Adulteration and DIY of vaping products by consumers (both legal age and youth) will
increase.

Things that I am confident the proposed regulations will not accomplish.

It will not meaningfully curb youth access to flavoured vaping products. It will not meaningfully impact initiation and uptake rates.

This regulation will not support the Canadian Tobacco Strategy (CTS) goal of reaching a 5% or lower prevalence of smoking in the population by 2035.

The RIAS is riddled with cherry-picked data points, unfounded assumptions, and very selectively (and in more than one case – deceptively) worded arguments of support and justification.

Conclusion

As a former smoker and a user of vaping products, I am accustomed to having my opinions downplayed and even ignored, despite the evidence I present and the validity of my arguments. To see 23000 accepted submissions discarded with such blatant contempt and arrogant manner generated such disgust and outrage that I am angry now reflecting on it. These acts of bureaucratic disregard,
autocratic dismissal, and open disrespect towards the populace that Health Canada is supposed to serve and maintain accountability to; are actions I expect to read about in newspapers, perpetrated by despotic governments, in authoritarian regimes. I should never be seeing such nonsense in an official publication from the Government of Canada.

I find the proposal arrogantly deceptive and manipulative. I find the foundational arguments and assumptions to be misleading, poorly formulated, and inadequately supported.

I am not in support of these regulations. They are not fit for purpose; they will not achieve their intended goal.

They will cause harm.

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If you agree with him or want to submit your own comments check out this guide or contact:

Sunita Gingras
Manager, Vaping Products Regulations Division
Tobacco Products Regulatory Office, Tobacco Control Directorate
Controlled Substances and Cannabis Branch, Health Canada
Address Locator: 0301A
150 Tunney’s Pasture Driveway
Ottawa, Ontario
K1A 0K9

E-mail: hc.pregs.sc@canada.ca

before September 22nd 2021