alchemist I would like to challenge your statement and a widespread misunderstanding of the Health Canada position.
Electronic smoking products (i.e., electronic products for the vaporization and administration of inhaled doses of nicotine including electronic cigarettes, cigars, cigarillos and pipes, as well as cartridges of nicotine solutions and related products) fall within the scope of the Food and Drugs Act. All of these products require market authorization prior to being imported, advertised or sold in Canada. Market authorization is granted by Health Canada following successful review of scientific evidence demonstrating safety, quality and efficacy with respect to the intended purpose of the health product. This evidence is provided by the sponsor seeking market authorization. To date, no electronic smoking product has been authorized for sale by Health Canada.
To All Persons Interested in Importing, Advertising or Selling Electronic Smoking Products in Canada - Health Canada Notice 2009-03-27
I had the same problem with my ZAP being delayed in Customs for 42 days, the thread is some where below. During the course of the incarceration of my device I spoke first with Customs who said they referred the package to Health Canada for inspection and to Health Canada directly.
If you read the web page carefully you would be forgiven for being confused because Health Canada is unclear as to what the context in which our devices require approval. I submit that that the ONLY instance that our devices can be "returned to sender" is if the said device is presented as a "health product" because they would require approval as a "health product".
From the above referenced Health Canada web site:
Electronic smoking products (i.e., electronic products for the vaporization and administration of inhaled doses of nicotine including electronic cigarettes, cigars, cigarillos and pipes, as well as cartridges of nicotine solutions and related products) fall within the scope of the Food and Drugs Act. All of these products require market authorization prior to being imported, advertised or sold in Canada. Market authorization is granted by Health Canada following successful review of scientific evidence demonstrating safety, quality and efficacy with respect to the intended purpose of the health product. This evidence is provided by the sponsor seeking market authorization. To date, no electronic smoking product has been authorized for sale by Health Canada.
In my numerous conversations with Health Canada Inspections people at the Mississauga facility (one of 3 in Canada) they attempted to get me to admit that I was using it as a health product or a smoking cessation device. I denied this vehemently stating that it was purely for recreational purposes and neither I or the manufacturer made any such claims. We are not importing health products!!!
You've got to wonder how the Chinese are importing, in comparative terms, the vast quantities of vaping gear without so much as an inventory slowdown for Canadian suppliers.
In conclusion, as long as our devices are
NOT presented as "health products" they
DO NOT REQUIRE APPROVAL / "Market Authorization" by Health Canada.
