OUR Two cents:
The Canadian Vaping Association is stepping up to challenge what are, by far the most radically aggressive regulations in Canada against vaping. The Quebec government has virtually eliminated vaping retail locations, and all online sales inside of Quebec, making it nearly impossible for smokers to find e-cigarettes in Quebec. This is far beyond what other provinces have proposed as an initial response to vaping, and is very close to breaking the constitutional rights of vapers and smokers looking to vape in Quebec. It is very good that the CVA has stepped in to challenge this regulation, although only time will tell the effectiveness of this challenge. In the meantime, we are happy to see someone supporting the vaping community in Quebec and stepping in to defend the basic rights of any smokers who may want to choose an alternative to cigarettes.
MONTREAL, April 11, 2016 /CNW/ – the Canadian Vaping Association (CVA), a national
association of advocates, retailers, manufacturers and distributors of the electronic
cigarette industry, has filed a legal challenge against Quebec’s Bill 44, An Act to Bolster
Tobacco Control, which took effect on November 26, 2015.
“By prohibiting the testing of e-cigarettes in specialty vape shops, banning display and
promotion in store and online sales of any vape product, we believe the Government
of Quebec should be taken to task over the constitutionality of Bill 44”, said Mr. Beju
Lakhani, President of the Canadian Vaping Association. “Our membership includes
those who wish to vape rather than smoke tobacco and those who assist customers
choose the most appropriate products that are right for them and, of course to help
them understand how to use them properly. By introducing these measures, the
Government of Quebec, we believe has overstepped its legislative authority, which
leaves us with no other choice than to bring this matter before the courts,” said Mr.
The CVA, as an active stakeholder in the vaping industry participated in the public
consultations and provided reasonable alternatives to the measures proposed in Bill
When describing how members feel about the action, Mr. Lakhani added, “legal action
is not something we ever contemplated undertaking, nor is it something we take lightly, however, we have been left with no other alternative.”
The CVA believes that by imposing these measures, the government may be faced with
the unintended consequence of driving the vaping market underground where
regulation, including the ban on sales to minors, will be next to impossible. Under Bill
44, Quebec consumers are still able to buy products online from sites domiciled in
other Canadian provinces or even off-shore – this at a time when the government is
trying to restrict on-line sales of gaming sites in the province. “It makes no sense to
create a negative situation for smokers who want to quit smoking in favour of a safer
alternative in vaping ”, said Mr. Lakhani
New users of vaping technology and products who cannot obtain the products and
technology from qualified specialty vape stores under this current regulatory
environment will not be able to get “in person” access to adequate and appropriate
information or instruction on how to use the product effectively.
“Vape shop owners used to spend on average about an hour to an hour and a half
detailing customers who are motivated to get off tobacco, specifically those who are
new to the technology. We are no longer allowed to provide this hands on instruction in
Quebec due to Bill 44 and I fear the motivation is simply politics,” said Mr. Lakhani.
Formed in 2014, the CVA has membership across Canada. Its core mandate is to work
with governments to encourage app
ropriate regulation of the industry given that
millions of Canadians want to stop smoking in favour of a safe alternative to tobacco.
The CVA has met with legislators in provinces across Canada and with Health Canada
on this issue. Further, the Association believes that Regulation is necessary and must
ensure the safety of all Canadians responsibly and without infringing on their
constitutional rights for access to alternatives to smoking.
For More information or to request an interview contact:
Ms Daniela Cavatassi