Hardware/nic- sale question

[recidivus]

Preamble: I'm not looking for vendors, just info.

I'm having some trouble figuring out the exact legality of selling hardware and nic- juices. I know that nic+ requires authorization, but what about nic-? Is it a grey area, or is it allowed and just cautioned against? I know they can't be sold with any medical claims in regards to smoking cessation, but what about alternative marketing? I know there's shops that sell nic- and hardware openly, but are they just skirting the rules and on the road to being shut down/facing big fines? I know vaping itself isn't banned, but I'm more focused on the sales side.

I'm finding several conflicting views on it all, and HC's wording makes it SEEM like it's only about the nicotine products and purported health benefits, and not about the hardware; though it's vague enough that I can't be sure.

If this is explained clearly already just point me to the thread and delete this one, and my apologies (I did find the info thread stickied but it seems more geared to personal use). If this isn't in the right spot, again, lemme know the error of my ways.

 

[chagrin]

There is no authorization .. yet. Health Canada deemed that nicotine based liquids are illegal for sale and import, because of a 2009 statement that said it should undergo FDA approval. All of the hardware and nicotine free liquid "should" be perfectly fine, though I've heard some people have had hard times with customs and hardware.


Edit:

Here's one link: http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2009/2009_53-eng.php

Health Canada has also been sending out REALLY sketchy cease and desist letters to vendors, specifically being vague enough to cover ALL equipment. I don't have the time to dig one up, but maybe someone else can.

 

[recidivus]

That's the one that seemed vague enough to confuse me, along with the notice to stakeholders. I'll keep poking around for more info on this, just having trouble filtering fact from fiction.

 

[Bdbodger]

HC is calling ejuice with nicotine in it a drug and as a drug it needs a drug identification number or DIN . You see that on some products for sale in Canada . If used to administer this drug an ecig is considered a drug delivery device or medical device . As far as I know medical devices need a prescription for you to obtain and even then would probably need to be an approved device . With no nic in the ejuice non of that applies .

 

[Projectguy]

I followed the link to the HC site and further to the notice (below)

March 27, 2009
Our file number: 09-108446-55

To All Persons Interested in Importing, Advertising or Selling Electronic Smoking Products in Canada

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.

Persons who may be importing, advertising or selling electronic smoking products without the appropriate authorizations are asked to stop doing so immediately. Products that are found to pose a risk to health and/or are in violation of the Food and Drugs Act and related Regulations may be subject to compliance and enforcement actions in accordance with the Health Products and Food Branch Inspectorate's Compliance and Enforcement Policy (POL-0001)

What struck me about this document was the conditionality of the directive and the uncertainty of the sanction. It could be that HC's lawyers are concerned abound the possibility of a challenge.