1. This customs notice is to advise that the Tobacco and Vaping Products Act (TPVA) has received Royal Assent and came into force on May 23, 2018.
2. “Vaping products” (formerly known as e-cigarettes and electronic nicotine delivery systems) include vaping devices, and their individual parts such as atomizers (heating element), and vaping liquids. Most vaping devices consist of a battery, a heating element, a tank or reservoir, and a mouthpiece and work by heating the vaping liquid to form an aerosol that is inhaled by the user.
3. The TVPA serves to establish the rules around the manufacture, sale, labelling and promotion of tobacco and vaping products.
4. Vaping products that make health claims* are subject to the Food and Drugs Act (FDA) and require authorization under the FDA prior to being commercially imported, advertised or sold in Canada. Nicotine vaping products that make health claims are considered to be prescription drugs and require a Drug Establishment License and the drugs to be licensed with a corresponding Drug Identification Number (DIN), assigned prior to being imported for sale into Canada.
* “Health claims” refers to any statement that represents the product as a drug (which also includes natural health products) or device under section 2 of the FDA. An example would be a statement that the product will help to quit smoking.
5. Vaping products that do not make health claims are not subject to the FDA as long as they do not contain any drugs other than nicotine. These products must meet TVPA requirements and comply with the provisions of the Canada Consumer Product Safety Act (CCPSA), which addresses electrical, mechanical and toxicological risks posed by vaping products.
Note that ready to use vaping liquid that discloses a concentration of nicotine greater than or equal to 66 mg/g cannot be imported.
For more information about the legislative requirements for vaping products without health claims under the authority of the CCPSA, including the requirement for child resistant containers, and health and safety considerations, please consult the document entitled “Guidance on Vaping products not Marketed for a Therapeutic Use”.
6. Specific requirements for importation of vaping products depend on the ingredients and/or purpose of the products imported into Canada. For more information on the regulation of vaping products in Canada and general health-related information on vaping products please consult the Health Canada website.
7. For more information about the TVPA, please contact the Tobacco Control Directorate by email at firstname.lastname@example.org
8. For more information regarding the importation or exportation of health products under the FDA, please contact the Health Product Border Compliance Program at HC.HPBCP-PCPSF.SC@canada.ca
9. For more information regarding the review process and regulation of vaping products distributed in Canada under the Food and Drug Regulations, contact the Therapeutic Products Directorate at email@example.com
10. For more information regarding the review process and regulation of vaping products under the Natural Health Product Regulations, contact the Natural and Non-Prescription Health Products Directorate at firstname.lastname@example.org
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