Earlier this week, U.S. regulators ordered Juul to withdraw its vaporization products from the market, striking a blow to one of the industry’s most powerful players.
The company is appealing the decision of the U.S. Food and Drug Administration (FDA), asking a federal court to block a government order to stop selling its e-cigarettes.
While the U.S. ban attempt does not directly affect Canada, some health advocates say it raises questions about the slow pace of regulation in that country.
Here’s a more detailed look at the FDA decision and what’s happening in Canada.
Why was Juul banned?
As part of the FDA review process, companies had to demonstrate that their e-cigarettes benefit public health. In practice, this means showing that adult smokers who use them are likely to quit smoking or reduce their consumption, while adolescents are unlikely to stick to them.
In his decision, the FDA said some of the largest e-cigarette sellers like Juul may have played a “disproportionate” role in increasing teen vaping. The agency said Juul’s application did not have enough evidence to show that the marketing of its products “would be adequate for the protection of public health.”
On Friday, the e-cigarette maker asked the court to stop what it called an “extraordinary and illegal action” by the FDA that would require it to stop its business immediately. The company filed an emergency motion before the U.S. Court of Appeals on Friday. Washington as it prepares to appeal the FDA decision.
This dispute is far from over.
Juul products are on display at a vaping store in New York in 2020. The FDA has ordered the company to stop selling its products. (Marshall Ritzel / Associated Press)
What is happening in Canada?
Juul spray products, as well as those sold by other companies, remain available in Canada.
Health Canada proposed a ban on flavored vaporization products last june. He then cited research indicating that flavored vaporization products are “very attractive to young people and that young people are especially susceptible to the negative effects of nicotine, including impaired brain development, which can lead to memory and concentration problems. “.
But after a round of consultations last year, this proposed ban has yet to take effect.
MIRAR | PEI now has the toughest smoking and vaporization laws in Canada:
The PEI now has the toughest vaporization and smoking laws in Canada
As of March 1, people must be 21 years old to buy vaporization or tobacco products at PEI, which gives the province the highest age limit in the country.
Several provinces and territories have set their own limits on flavored vaporization products, citing their appeal to teens.
(July stopped voluntarily selling many of its flavored cartridges in 2020 following criticism that they were designed to attract young people.)
David Hammond, a public health professor at the University of Waterloo who researches vaporization in youth, said banning Juul products in the U.S. will not necessarily have a significant impact on the industry as a whole, given its market share in decrease and variety of products. available.
“You know, it’s like a tube of toothpaste. If you press at a certain point, just squeeze it somewhere else,” he said.
What does Health Canada say?
“Health Canada has no plans to remove any vaporization product from the Canadian market that complies with the Tobacco and Vaporization Act and the Consumer Product Safety Act of Canada,” the agency told CBC News in an email .
The government has recently set new restrictions on the sector, including limits on the advertising of e-cigarettes and the amount of nicotine in the products. It is also undergoing a review of legislation for vaporization products that went into effect in 2018.
On its website, Health Canada warns of the risks of e-cigarettes, saying “the potential long-term health effects of vaping remain unknown” and the government continues to investigate “serious lung diseases associated with vaping.”
Last weekHealth Canada announced another set of regulatory proposals that would require vape companies to disclose information on “sales and ingredients used in vape products,” to help the government “keep pace with the rapidly evolving vaporization market.”
How popular is vaping?
Vaping is popular with young people, with 14% of Canadians between the ages of 15 and 19 vaping in the last month of 2020, 6% more than the same month in 2017, according to the results of Canadian Tobacco and Survey nicotine.
Vaping is less popular for adults over the age of 25, with only three percent reporting that they vaporized during the last month of 2020.
Robert Schwartz, a senior scientist at the Toronto Center for Addictions and Mental Health, said the regulatory challenge is to strike a balance between making these products available to adults as an alternative to cigarettes, while limiting their appeal to non-smokers. younger. .
“We’re definitely discovering that young people who wouldn’t otherwise become cigarette smokers have started using e-cigarettes and are quite quickly developing an addiction to them,” Schwartz said.
“Our research is also showing that some adults are able to quit smoking … by using these cigarettes.”
What is the attraction?
Like Schwartz, Hammond said vaporization products could be a useful tool to help smokers quit smoking. He said it makes no sense to put strict limits on vaporization products if cigarettes, which are believed to be more harmful, are still available in stores around the corner.
Dr. David Hammond is a professor of public health at the University of Waterloo who researches vaping among the youngest. (Craig Chivers / CBC)
“I don’t think the answer is just in how they are regulated,” he said. “I think it’s up to the industry and rethink these products as something a 50-year-old man uses to quit smoking and not a 15-year-old who gets in the way at a party.”
Hammond, who is part of Health Canada’s advisory board for vaporization products, said the agency could move faster considering the bets.
“There’s no doubt these are tough questions and the market is changing fast. But it’s not an area where slow, slow regulation fits in well,” he said.
Cynthia Callard, executive director of the advocacy group Physicians for a Smoke-Free Canada, said that while the context is different in Canada, the FDA’s decision “is a reminder that governments can and should ban the market access to products that cannot be displayed. benefit public health “.