My jist on the situation........ Without making contact with a laywer, which I certainly couldnt afford as an individual.
Health Canada does not have legislative powers. Meaning they don't/can't make LAWS.
HC has proclaimed their position on their website. It simply governs the supplier/vendor end of things regarding the products (on the whole) and can force restrictions for the marketing of such products only to those suppliers, vendors, importers & marketer's until they abide by the rules of acceptance/approval that are stated within their website.
I see nothing that can curtail their interferance at the boarder to cause delays while investigating procedural acceptance and their deemed requirements to conform.
As has been done for decades, suppliers have reworded contents to avoid both inspection, and duty/taxes to deter an additional expense to the purchaser as well as to avoid discrepancies that would redlight a product or restrict their ability to export. This is why (I believe), that many suppliers outside of Canada have a "Sender" name that has nothing to do with wording or association of the product that would raise those red flags, and product discriptions that don't following the import/export "exact" product reguirements yet are not too far off of what they truly are.
Really, it boils down to risk. Both on our part as the consumer who wants the product, and on the their part as a supplier that wants to continue with their marketing within the destined country.
I becomes a need to be creative on thier part without stretching so far as to breaking laws that would incur legal ramifications for them.
False advertising and/or claims ARE governed by Canadian consumer laws and can cause either delay or refusal at the border, or legal ramifications on a vendor within Canada.
The only suggestion I can make with acquiring your product would be:
- Keep your shipments "small" to avoid a huge loss should it happen to be refused at the border due to a suppliers "name" be on the watch list.
- Make sure, in advance, that your supplier's name or that of the packaging doesn't relate to "electronic cigarette", "tobacco", nor "nicotine".
- Make sure the supplier prepares their "paperwork" for the product relates to "batteries", "electronics", "electronic components", etc etc. And that they claim the items to be either gifts, business samples, or just samples.
- Make sure the supplier does not put too much of a low value for the shipment that it would draw attention to a possible intentional deceiving practice to avoid taxes.
That is about all we can do at the moment. Health Canada, I'm almost possitive, has jumped this advisory unprepared simply because of pressure from both the anti-smoking loudmouths, as well as from the Phamaceutical agencies who currently offer cessation products.
I would also recommend that if an "individual" contacts HC for verification or information, that they do not mention any vendor/supplier names to avoid having that name recorded and redflagged.
I would also recommend that a Canadian vendor/supplier avoid contacting HC directly for aid in deciding their course of action now that the advisory has been released to avoid being put on the list to receive an official letter of incompliance from HC (this has happened with one particular supplier that I dealt with).
As far as Canadian suppliers, I have no knowledge of a legal work-around for this. It is the job of your own lawyers to figure out and it WILL cost you money to do so. Unfortunately, that is the cost of doing business in Canada, as well as other countries.
It WILL definately weed out the "from home" companies that have started up with hopes of easy profits due to the expense now required to conform to HC's mandate. And I do fear its only a matter of time before any Canadian supplier/vendor falls within the hands of HC with selling these products.
I don't know what else to comment in this regard, other than they will NEVER shut me down as a private use purchaser, especially with the wealth of information on the internet and with those willing to risk selling product whether by legal means or blackmarket. I WILL NOT BE FORCED BY ANYONE TO RETURN TO MY 3 PACK A DAY TOBACCO HABBIT !!! IF I CHOOSE TO KILL MYSELF THROUGH MY ADDICTION THAT CHOICE OF DOING SO "IS MINE" AND NOBODY ELSES !!!
Its deffinately a huge unkown for now for all of us as HC positions themselves to do battle, and we can only hope that through the suppliers/vendors association that they can come up with a viable system of defense to thwart this un-intellegent decision with the backing of the "harm reduction" groups.
Just to note, I have purchased by import for myself from USA suppliers and the longest delay I've experienced was 3 weeks. I also have purchased from Canadian suppliers, without issue of course, but have lost two of them to HC's decision.
And YES, I have been stockpiling myself while the going is good to avoid both higher prices down the road, and further difficulties in obtaining supplies should this current situation escalate. Is it needed ?? I don't know, but I'm playing "better safe than sorry" at the moment !!
VapeOn,
Greg