Spongebob Vape
Spongebobvape.com is an e-commerce site that sells disposable vapes modelled on a cartoon character and on cute animals. It can be accessed in Canada by Canadians using Canadian Internet service providers.
It seems to break Canadian laws in that:
It has no age limit or protection. Minors can visit the site and make purchases from it. (Contrary to https://www.canada.ca/en/health-canada/services/smoking-tobacco/vaping/product-safety-regulation/vaping-products-promotion-regulations-information-sheet.html)
It has no public health warning labels about the risks of using nicotine or vaping. (Contrary to https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-143/FullText.html)
It uses child-friendly themes such as a cartoon character and cuddly animal models in its design, branding and advertising. (Contrary to the TVPA https://www.canada.ca/en/health-canada/programs/consultation-reducing-youth-access-appeal-vaping-products-potential-regulatory-measures/document.html)
It also seems to use copyrighted images based on a Nickelodeon show that was the top-rated animated kids’ show on television for over ten years. It is designed for children between the ages of 6 and 11, and the show is rated TV-Y.
The website also features vapes designed no mimic the Starbucks Logo.
It also features many other child-friendly designs of disposable vape:
The Whois Registration for the website states:
Organization: Private by Design, LLC
Street: 500 Westover Dr #9816 City: Sanford
State: NC Postal Code: 27330 Country: US
Phone: +1.9712666028
Email: https://porkbun.com/whois/contact/registrant/spongebobvape.com
I used the form to send an email, but I have had no response so far. The contact page is only a form, giving no information about the company’s location.
On their “Privacy Policy” page, they state that “Country” refers to: Florida, United States, and that “Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13.”
I ordered some items from them. This required a credit card, but there was no age verification. I received an email that stated:
From jojo@infowatches.org
Mon, Mar 27, 9:08 PM (5 days ago)
Dear customers, We are happy to tell you that your order on our website has been successfully paid, we will arrange your order as soon as possible, please note that the time to prepare the goods is about 5 days, prepare the order according to the order of the order, and the shipping time is about 15- 20 days.
This suggests that the product is being shipped directly from an overseas site, most likely in China. Infowatches.org is a valid URL, owned by sav.com, a website design company, but there does not seem to be a website for the domain.
I have reported it to the appropriate authorities at tcd.compliance-conformite.dlt@hc-sc.gc.ca, and they sent me a generic reply noting my concern and saying that they would not update me further.
I also reported it to the Canadian Vaping Association (https://thecva.org/). They said they were aware of the site and had reported it several times with no effect.
For all the talk about protecting our children from the dangers of vaping, the authorities seem powerless to prevent overseas companies from advertising on the Internet in Canada and shipping illegal products directly to homes in Canada.
The relevant authorities should urgently investigate this site with a view to banning it, punishing the people behind it, or at least making it comply with relevant Canadian legislation.
Update 17th June 2023
About a week ago, I got the package that I had ordered from Spongebob Vapes.
All three vapes seemed to be intact and in working order. It is totally unacceptable that anyone is profiting from creating these abominations. There is no way they should be allowed to be purchased in Canada.
Please feel free to circulate this to anyone interested and update me if any action is taken.
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