While we sincerely feel for those in the natural health industry, and sincerely pray that a much better balance between regulatory authority & civil liberties will be introduced in future (to fix the inherent imbalance between those things in C-36's present form)...
...I must repeat, e-cigs & e-juice with nic are not marketed as "health products" and do not make any therapeutic claims. These are two fundamental prerequisites for classifying anything as a "health product" - so e-cigs & e-juice are not health products. Health Canada (bizarrely) says they are. And when they do that, they're lying.
When specifically asked in court "why" it is that they say that...they're going to look incredibly foolish, and have no credible answer whatsoever. It will be a prime example of how the agency, left unchecked, cannot be trusted to exercise its authority honestly, or legally. Unchecked power inevitably leads to politicization & corruption...it leads to the abuse of those least able to defend themselves. And it always comes in on the wings of alleged good intentions.
We're all for appropriate regulatory powers - but only when there are checks & balances & reins in place to keep the agencies honest. But yeah...vapers, relax. Our stuff does not fall under "health products" - and it does not pose any "reasonable expectation of danger to human health or safety."
Remember, the exact same nicotine, at comparable levels...is all over the place - in deadly tobacco & ineffective NRT products. Attack the nicotine, and you attack big pharma & big tobacco. Furthermore, the nicotine itself is immune to any such attack, since countless studies have shown that at the levels found in tobacco, NRT, or e-juice...the nicotine itself poses no more of a risk than drinking caffeinated coffe would. And we already have laws re: nicotine, which describe the forms under which nicotine is exempted from Schedule F of the Canadian Food & Drug regulations. The e-juice you vape is already exempted, and we can prove it. Again, Health Canada is lying when they say it isn't exempted.
And again, when specifically asked "why" in court...they're going to look like complete idiots. It's a very nice thing to know the law is on our side.
This is the key to all of this. HC WANTS us to apply for their approval, create panic in the streets, and make some kind of admission that eCigs are being marketed as quit smoking devices. That way they can regulate it. For me, I am still "smoking", I am just choosing a healthier alternative, and HC is trying to go around the law by calling eCigs something else in hopes that they can convince Canadians that they have a right to stop or regulate this. Rachel is right. They are abusing their power and breaking the law as it stands now.
Oh, and by the way it does not make me feel any better that the new bill allows for search of my garage without a warrant either. House, okay, I see where it is written that they need a warrant, but barns and outbuildings are not houses.