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Got a letter from the government, the other day...

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varitablevoltage

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Nov 27, 2012
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Here's a response to a letter I sent to Health Canada:

Thank you for your email dated December 12, 2012 concerning electronic cigarettes. In Canada, electronic smoking products, such as e-cigarettes, that contain nicotine or make health claims, fall within the scope of the Food and Drugs Act. This means that these products require marketing authorization prior to being imported, sold or advertised for sale in Canada. To date, no e-cigarettes containing nicotine or with health claims have received marketing authorization from Health Canada.
To receive marketing authorization, a company must make a submission to Health Canada with scientific evidence demonstrating the safety, quality and efficacy of their product for a given claim, such as smoking cessation. While Health Canada has authorized for sale a number of nicotine-based smoking cessation aids, including nicotine gum, nicotine patches, nicotine inhalers and nicotine lozenges, to date, Health Canada has not received a submission for e-cigarettes that provides sufficient evidence of safety, quality and efficacy.
Electronic cigarettes that do not fall within the scope of the Food and Drugs Act (no nicotine, no health claims) may meet the definition of a consumer product, and are subject to the Canada Consumer Product Safety Act. This act requires that companies ensure the consumer products they manufacture, import, advertise or sell do not pose a danger to human health or safety.
Health Canada advises Canadians not to purchase or use e-cigarettes as these products have unknown safety, quality and efficacy, and may pose health risks. For further information, Health Canada’s Public Advisory can be found at:
[url]http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2009/2009_53-eng.php[/URL]
_____________________

Kendal Weber

Director General / Directrice générale
 

cactusgirl

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I'm not sure what the content of your email to HC was but this definitely sounds like their 'blanket response' to any inquiry that they receive about ecigs. I would follow up and ask them what "health risks", in their opinion, would override the harm reduction of ceasing or drastically reducing one's use of combustible tobacco products. Also ask them to elaborate on these health risks as compared to the health risks of current over-the-counter NRT's.

As a side note: I'd like to be able to sign a waiver (to be registered with Health Canada) that effectively holds them harmless from any legal action by me (or my family or estate) with regard to the consumption of electronic cigarettes and related accessories in exchange for the ability to freely purchase and consume the same by my own discretion. I am, after all, a grown-up!!!
 

iheartpoco

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Is it that the study has to be funded by the company itself, and no e-cig company has yet funded one?

I'm pretty happy with the way things are (at least for me) now: a little effort, no "sin" taxes, and I get what I want. I worry that Health Canada would regulate the product to where we can't get what we want (nic levels, etc.) or that the gov't will tax the hell out of e-juice and gear one day.

Please tell me if I am missing something, seriously. It just seems that things are working okay for us without gov't intervention right now.

I guess my only concern would be for our beloved Canadian vendors, that they could be shut down or fined or something. Not sure how much of a chance there is that that will happen...
 

Projectguy

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Yeah, sounds generic. I wonder what kind of scientific study they would deem acceptable.

That is the beauty of the bureaucracy under their definition there would in effect be no scientific study that would ever be acceptable unless it was sanctioned and designed by them.
 

Projectguy

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Is it that the study has to be funded by the company itself, and no e-cig company has yet funded one?

I'm pretty happy with the way things are (at least for me) now: a little effort, no "sin" taxes, and I get what I want. I worry that Health Canada would regulate the product to where we can't get what we want (nic levels, etc.) or that the gov't will tax the hell out of e-juice and gear one day.

Please tell me if I am missing something, seriously. It just seems that things are working okay for us without gov't intervention right now.

I guess my only concern would be for our beloved Canadian vendors, that they could be shut down or fined or something. Not sure how much of a chance there is that that will happen...


Suhhhhh... Let's all be real quiet they'll never know we're here.
 

Hello World

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Dec 20, 2012
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... of the Food and Drugs Act (no nicotine, ... to the Canada Consumer Product Safety Act.
It's all about law really, covering their butts. There have been a number of class-actions suits against HC in the past which brought about new legislation so they don't get sued again. Somebody gets hurt ... his lawyer claims in court HC failed to take appropriate steps to protect the public ... next thing ... you have new blanket laws.

Tons of brick & mortar vendors are left un-harrased. Except for some customs seizures, they haven't taken any other actions whatsoever, and doubt very much that'll change unless the US does something. E-cigs are very popular over there and I'm sure HC is doing little more than just sitting back watching.

So if your stuff gets raked by CC and you challenge the legalities of the matter, they'll send you canned legal responses back. This is standard protocol.

Claim: "You damaged the bumper on my car."

Canned legal response: "Would you submit that to me in writing so I can forward your concern to my attorney who will furnish you an appropriate response."

End of discussion! HC wants to end the discussion, and they have the laws/regulations in place to do so.

Personally I wouldn't worry about this too much, I'd just re-order ... most make it, some don't. That's the game, and if they ever approve Vaping, expect regulations, new taxes and soaring e-cig prices. And guess what? The same game will continue, but not to beat HC regulations, but taxes. Same game, different reasons.

I vape for $ 25 a month ... and if I'm not a happy camper now, I never will be.

Public health protection is monitored by laws, less commonly reason or common sense. Ultimately I don't feel anything is gained by getting their recognition and acceptance.

Vaping nicotine technology can no longer be made to go away. It's here to stay, and they can deal with it any which way they like.

Do your own thing.

To receive marketing authorization, a company must make a submission to Health Canada with scientific evidence demonstrating the safety, quality and efficacy of their product for a given claim, such as smoking cessation. While Health Canada has authorized for sale a number of nicotine-based smoking cessation aids, including nicotine gum, nicotine patches, nicotine inhalers and nicotine lozenges, to date, Health Canada has not received a submission for e-cigarettes that provides sufficient evidence of safety, quality and efficacy.
[url]http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2009/2009_53-eng.php[/URL]
_____________________

Kendal Weber

Director General / Directrice générale
Look at any Canadian cigarette pack espousing the health dangers of smoking ... pics of people with emphysema, cancer, diseased gums, removed vocal cords, etc. and Health Canada "received a submission that provides sufficient evidence of safety, quality and efficacy." from BT?

It's all bulls**t, because it's only about who makes the laws for whom.

HC & pocketed friends is just a grand illusion. HC cannot make any laws, only issue regulations to other bureaucrats -- nothing to do with you at all. Ignore.
 
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idle

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Be careful what you wish for. As Hello World suggested, apart from some issues with importing goods, we mostly are left alone, and I also don't see that changing... unless... it were to become an approved and accepted product and the regulations start rolling in. In some way things are probably as good now as they will every be.

There is no question that one day vaping will be a sanctioned activity in Canada and the government will have it's hands on it (taxes) and probably big tobacco will have taken over by that point.
 

Projectguy

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Be careful what you wish for. As Hello World suggested, apart from some issues with importing goods, we mostly are left alone, and I also don't see that changing... unless... it were to become an approved and accepted product and the regulations start rolling in. In some way things are probably as good now as they will every be.

There is no question that one day vaping will be a sanctioned activity in Canada and the government will have it's hands on it (taxes) and probably big tobacco will have taken over by that point.

Agree with Idle. I've posted on exactly this topic all over the ECF. We are the edge of the wedge and we'll be crying for these "good old days" sooner than you can imagine.

Change is coming
 

fourtytwo

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Flying under the radar, as we are right now, has been pretty good so far.
This is one of the reasons I feel it is not worth the effort to make waves on the issue of where I vape.
There is a difference between a lack of law prohibiting something and a fundamental right to do it.
Having the government clarify the issue may result in much stronger prohibition.
 

Projectguy

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Jun 9, 2012
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Flying under the radar, as we are right now, has been pretty good so far.
This is one of the reasons I feel it is not worth the effort to make waves on the issue of where I vape.
There is a difference between a lack of law prohibiting something and a fundamental right to do it.
Having the government clarify the issue may result in much stronger prohibition.

Well said 42
 
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