Health Canada Faces Criticism Over Failing Nicotine Regulation

Health Canada has initiated its third legislative review of the Tobacco and Vaping Products Act (TVPA), a critical moment to address the shortcomings of Canada’s nicotine regulation. Despite the goal of reducing tobacco use and protecting youth from nicotine addiction, the current strategy has not produced significant results. In 2023, the percentage of Canadians who continue to smoke cigarettes stands at 11.4 percent, a slow decline compared to Sweden’s 5 percent, a nation that has effectively utilized harm reduction tools like snus and nicotine pouches.

The TVPA, first enacted in 1997 and expanded in 2018 to include vaping, has been criticized for its restrictive measures that hinder effective harm reduction strategies. A significant aspect of the criticism revolves around the government’s failure to acknowledge the relative safety of alternatives to smoking. The Government of Canada has stated that “switching completely to vaping nicotine is less harmful than continuing to smoke.” Yet, vaping remains classified under the TVPA as equally harmful as smoking.

According to Public Health England, vaping is at least 95 percent less harmful than traditional cigarettes. The National Health Service (NHS) has further indicated that there is no evidence suggesting vaping poses a risk to bystanders. Given this data, it would be prudent for Health Canada to permit manufacturers to include comparative risk statements on products, such as “switching to vaping is 95 percent less harmful to your health than smoking.” Such transparency could empower consumers to make informed health choices.

Health Canada’s inspections reveal a compliance rate of 97 percent among retailers selling vaping products, suggesting that these businesses can responsibly handle items with comparative risk labels. In addition to vaping, flavored products, which have been shown to enhance adult smoking cessation success rates by 230 percent, are also facing prohibitive measures under the TVPA.

The availability of nicotine pouches could further aid smokers looking to quit. These products, which are free of tobacco and combustion, have been found to contain significantly fewer harmful chemicals than traditional smoking methods. Research indicates that nicotine pouches are 99 percent less harmful compared to cigarettes. Despite this, Health Canada has restricted their sale to pharmacies, limiting consumer access.

The TVPA also addresses the growing issue of illegal cigarette sales, a problem exacerbated by high taxation and prohibition of harm reduction alternatives. Provinces like Ontario and British Columbia have seen estimates of 30 to 50 percent of the market share coming from illegal sources as a result of these policies. Since 2022, federal and provincial taxes have increased, further pushing consumers towards the black market. For instance, a 30-millilitre bottle of vape fluid in Ontario incurs an excise duty of over $15, while a pack of cigarettes may carry a duty of around $16.

Critics argue that the TVPA’s current approach fails to adequately address public health concerns. If the objective is to assist individuals in quitting smoking, then the existing measures are ineffective. As Health Canada undertakes this legislative review, it is imperative for policymakers to consider the evidence: embrace harm reduction strategies, allow truthful marketing, adjust taxation appropriately, and combat the illegal market.

The Consumer Choice Center has submitted comments during the government consultations, advocating for these changes. The hope is that officials will heed this advice for the betterment of public health and the well-being of smokers across Canada.