Vaping Products Labelling and Packaging Regulations (SOR/2019-353)

Marginal note:Placement — kit

• 20 (1) If a vaping product that contains nicotine is packaged in a kit, the health warning that is required for that vaping product must be displayed on the main display panel of the kit.

• Marginal note:One health warning — kit

  (2) However, if two or more of the vaping products in the kit contain nicotine, the required health warning need only be displayed once on the main display panel of the kit.

Marginal note:Attribution

21 If a manufacturer attributes a health warning, the manufacturer must do so by displaying the phrase “Health Canada” immediately beside or below the English version of the health warning and the phrase “Santé Canada” immediately beside or below the French version of the health warning.

Vaping Products Without Nicotine

Marginal note:No nicotine

22 A vaping product may display an expression permitted by section 23 if

• (a) in the case of a vaping substance, it does not contain nicotine; and

• (b) in the case of any other vaping product that contains a vaping substance, the product does not contain nicotine.

Marginal note:Permitted expressions

23 Only one of the following expressions is permitted to be displayed on a vaping product:

• (a) “Nicotine-free” in the English version of the expression and “Sans nicotine” in the French version of the expression;

• (b) “No nicotine” in the English version of the expression and “Aucune nicotine” in the French version of the expression; or

• (c) “Does not contain nicotine” in the English version of the expression and “Ne contient pas de nicotine” in the French version of the expression.

Marginal note:Placement

24 An expression permitted by section 23 must be displayed only on the display surface of a vaping product or of any package containing the vaping product.

Presentation of Information

Official Languages

Marginal note:Required health warning and permitted expression

25 The required health warning and any expression permitted by section 23 must be displayed in both official languages, in the same manner.

Technical Specifications

General

Marginal note:Integrity

• 26 (1) The customary method of opening a vaping product or package must not sever, otherwise damage or render illegible any letter, word or part of the required information or of an expression permitted by section 23.

• Marginal note:Exception — blister pack

  (2) Subsection (1) does not apply to an interior package that is a blister pack.

Marginal note:Permanence

27 Any required information and any expression permitted by section 23 must be irremovable.

Marginal note:Legibility

• 28 (1) Any required information must

  • (a) be displayed in a standard sans-serif type that

    • (i) is not compressed, expanded or decorative,

    • (ii) is black on a white background, and

    • (iii) as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type; and

  • (b) be clear and legible and remain so throughout the useful life of the vaping product, under normal or customary conditions of transportation, storage, sale and use.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined by measuring an upper case letter or a lower case letter that has an ascender or a descender, such as “b” or “p”.

Marginal note:Characters in text

29 Each character in the text of the required information must have the same font and type size.

Marginal note:Visibility

30 Any required information must not be concealed or obscured by any other information that is required or permitted to be displayed under the Tobacco and Vaping Products Act, any other Act of Parliament or any Act of the legislature of a province.

Nicotine Concentration Statement

Marginal note:Specific legibility rules

• 31 (1) A nicotine concentration statement that is displayed on a vaping product or package must be displayed

  • (a) in a type that has a minimum height of 3 mm and a minimum body size of 8 points, if the main display panel has an area equal to or greater than 45 cm²;

  • (b) in a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area equal to or greater than 10 cm² but less than 45 cm²; and

  • (c) in a type that has a minimum height of 1.5 mm and a minimum body size of 4.5 points, if the main display panel has an area of less than 10 cm².

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Health Warning

Marginal note:Text — health warning

32 A health warning must be displayed in such a manner that

• (a) the first word is in upper case letters and bold type;

• (b) the remaining text is not in bold type and is in sentence case letters.

Marginal note:Official languages — placement

33 A health warning in one official language must be displayed immediately beside or below the health warning in the other official language and the two must not be combined.

Marginal note:Official languages — vaping product and package

34 In the case of a vaping product or package, the health warning in both official languages must be displayed on the same main display panel or display surface, as the case may be.

Marginal note:Visibility

35 A health warning that is displayed on a vaping product or package must

• (a) in the case of a vaping product or package that is cylindrical in shape, not extend beyond the main display panel;

• (b) in the case of a vaping product or package that has a rectangular cuboid shape, be displayed on the main display panel; and

• (c) in the case of a bag or any other package, be readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the bag or package.

Marginal note:Specific legibility rules

• 36 (1) In the case of a health warning that is displayed on a vaping product or package, the health warning must be displayed

  • (a) in a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area of less than 45 cm²; and

  • (b) in a type that has a height and body size that results in the health warning in both official languages occupying not less than 35% of the main display panel, if the main display has an area equal to or greater than 45 cm².

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Leaflet and Tag

Marginal note:Display of information

37 Any required information that is displayed in a leaflet or on a tag must be

• (a) positioned as close as possible to the top edge of the surface of the leaflet or tag, in such a manner that, if applicable, any nicotine concentration statement is immediately above the health warning; and

• (b) displayed in such a manner that it is readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the leaflet or tag.

Marginal note:Specific legibility rule

• 38 (1) Any required information that is displayed in a leaflet or on a tag must be displayed in a type that has a minimum height of 2 mm and a minimum body size of 6 points.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Marginal note:Leaflet

39 A leaflet that displays a health warning that is required for a vaping product must be inserted in the package containing the vaping product.

Marginal note:Tag — visibility

40 A tag must not conceal or obscure any required information that is displayed on the vaping product or its package under the Tobacco and Vaping Products Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Tag — safe handling

41 A tag must not interfere with the normal use or safe handling of the vaping product.

Attribution

Marginal note:Continuous text

• 42 (1) The attribution of a health warning must be displayed in such a manner that there is no intervening image or text between the attribution and the health warning.

• Marginal note:Specific legibility rules

  (2) The attribution of a health warning must be displayed in such a manner that

  • (a) it meets the requirements set out in sections 28 and 29;

  • (b) it is not in bold type; and

  • (c) the height and body size of the type of the attribution are no larger than those of the type of the health warning.

• Marginal note:Characters in text

  (3) Each character in the text of the attribution must have the same font as the text of the health warning.

PART 2Labelling and Packaging — Protection of Human Health or Safety

Interpretation

Marginal note:Definitions

• 43 (1) The following definitions apply in this Part.

  display surface

  display surface means the portion of the surface area of an immediate container or of an exterior package on which the information referred to in this Part can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of the immediate container or exterior package. (aire d’affichage)

  exterior package

  exterior package means a package, other than an immediate container, that contains a vaping product and that is displayed or visible under normal or customary conditions of sale of the vaping product to a consumer. (emballage extérieur)

  hazard symbol

  hazard symbol means the pictograph and its frame as set out in Schedule 1. (pictogramme de danger)

  immediate container

  immediate container means the container, including a vaping device or vaping part, that is in direct contact with a vaping substance or which it is reasonably foreseeable will be in direct contact with such a substance. (contenant immédiat).

  main display panel

  main display panel means the part of the display surface that is displayed or visible under normal or customary conditions of sale to the consumer. It includes

  • (a) in the case of a rectangular immediate container or exterior package, the largest side of the display surface;

  • (b) in the case of a cylindrical immediate container or exterior package, the larger of

    • (i) the area of the top, or

    • (ii) 40% of the area obtained by multiplying the circumference of the immediate container or exterior package by the height of the display surface;

  • (c) in the case of a bag, the largest side of the bag; and

  • (d) in any other case, the largest surface of the immediate container or exterior package, as the case may be, that is not less than 40% of the display surface. (aire d’affichage principale)

  responsible person

  responsible person means

  • (a) the manufacturer that, in Canada, manufactures a vaping device or vaping part or places a vaping substance in its immediate container; and

  • (b) the importer, in the case of a vaping device or vaping part that is imported or a vaping substance that is imported in its immediate container. (responsable)

  vaping device

  vaping device has the meaning assigned by paragraphs (a) and (b) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (dispositif de vapotage)

  vaping part

  vaping part has the meaning assigned by paragraph (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (pièce de vapotage)

  vaping product

  vaping product has the same meaning as in section 2 of the Tobacco and Vaping Products Act. (produit de vapotage)

  vaping substance

  vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (substance de vapotage)

• Marginal note:Interpretation of “should”

  (2) If the word “should” is used in a standard that is referred to in this Part it is to be read as imperative, unless the context requires otherwise.

• Marginal note:Application of meanings in Canada Consumer Product Safety Act

  (3) All other words and expressions used in this Part have the same meaning as in the Canada Consumer Product Safety Act.