Nicotine Ban on over 20mg

In Canada Gazette, Part II that will be published on July 23, 2021, Health Canada is announcing the new Nicotine Concentration in Vaping Products Regulations (NCVPR), which set a maximum nicotine concentration of 20 mg/mL for vaping products marketed in Canada. They also prohibit the packaging and sale of vaping products if the nicotine concentration stated on the package exceeds 20 mg/mL.

The NCVPR prescribe a laboratory method, ISO 20714 E-liquid - Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices - Gas chromatographic method, for determining the nicotine concentration of a vaping substance. Health Canada will use this method to determine compliance with the maximum nicotine concentration.

As well, the NCVPR amend the Vaping Products Labelling and Packaging Regulations, which until now allowed vaping products to contain up to 66 mg/mL of nicotine; this limit will now only apply to products intended for export. Vaping products authorized under the Food and Drugs Act (FDA) are not subject to these regulations.

The NCVPR come into force on July 8, 2021. Retailers have until July 23, 2021 to comply with these Regulations.

Enforcement actions to address non-compliance may include issuing warning letters, seizures, and/or prosecutions. The penalties for not complying with the NCVPR are set out under Part VI of the Tobacco and Vaping Products Act.


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