Regulations Excluding Certain Vaping Products Regulated Under the Food and Drugs Act from the Application of the Tobacco and Vaping Products Act (SOR/2018-133)

Marginal note:Name of manufacturer

• 7 (1) Subsections 30.3(1) and (2) and section 30.4 of the Act do not apply in respect of, as the case may be, the promotion, use or display of the name of the manufacturer of a vaping product — in respect of which one of the following has been assigned or issued — in the case where the manufacturer does not sell or advertise a vaping product that is manufactured, sold or represented for a purpose other than for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings:

  • (a) a drug identification number assigned for a drug under subsection C.01.014.2(1) of the Food and Drug Regulations;

  • (b) a licence issued in respect of a medical device under subsection 36(1) of the Medical Devices Regulations; or

  • (c) a product licence issued in respect of a natural health product under section 7 of the Natural Health Products Regulations.

• Marginal note:Definition of manufacturer

  (2) In subsection (1), manufacturer has the meaning assigned by the following provisions, as the case may be:

  • (a) in respect of a drug, by section A.01.010 of the Food and Drug Regulations;

  • (b) in respect of a medical device, by section 1 of the Medical Devices Regulations; or

  • (c) in respect of a natural health product, by subsection 1(1) of the Natural Health Products Regulations.