Vaping Products Labelling and Packaging Regulations (SOR/2019-353)

Marginal note:Placement — refill vaping product

• 18 (1) The health warning must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product, on the main display panel of that refill vaping product.

• Marginal note:Exception — small refill vaping product

  (2) However, if the main display panel of the refill vaping product has an area of less than 15 cm², the health warning may be displayed on a tag.

• Marginal note:Placement — packaged refill vaping product

  (3) If the refill vaping product is packaged, the health warning must also be displayed on the main display panel of the exterior package.

Marginal note:Placement — vaping products in kit

• 19 (1) The health warning must be displayed, in the case of a vaping device or vaping part that is packaged in a kit, on

  • (a) the main display panel of the vaping device or vaping part, as the case may be;

  • (b) the main display panel of the interior package of the vaping device or vaping part, as the case may be; or

  • (c) a tag.

• Marginal note:Kit — refill vaping product

  (2) The health warning must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product and that is packaged in a kit, on

  • (a) the main display panel of that refill vaping product; or

  • (b) if the main display panel of the refill vaping product has an area of less than 15 cm²,

    • (i) the main display panel of the interior package of a refill vaping product that is packaged, or

    • (ii) a tag.

Marginal note:Placement — kit

• 20 (1) If a vaping product that contains nicotine is packaged in a kit, the health warning that is required for that vaping product must be displayed on the main display panel of the kit.

• Marginal note:One health warning — kit

  (2) However, if two or more of the vaping products in the kit contain nicotine, the required health warning need only be displayed once on the main display panel of the kit.

Marginal note:Attribution

21 If a manufacturer attributes a health warning, the manufacturer must do so by displaying the phrase “Health Canada” immediately beside or below the English version of the health warning and the phrase “Santé Canada” immediately beside or below the French version of the health warning.

Vaping Products Without Nicotine

Marginal note:No nicotine

22 A vaping product may display an expression permitted by section 23 if

• (a) in the case of a vaping substance, it does not contain nicotine; and

• (b) in the case of any other vaping product that contains a vaping substance, the product does not contain nicotine.

Marginal note:Permitted expressions

23 Only one of the following expressions is permitted to be displayed on a vaping product:

• (a) “Nicotine-free” in the English version of the expression and “Sans nicotine” in the French version of the expression;

• (b) “No nicotine” in the English version of the expression and “Aucune nicotine” in the French version of the expression; or

• (c) “Does not contain nicotine” in the English version of the expression and “Ne contient pas de nicotine” in the French version of the expression.

Marginal note:Placement

24 An expression permitted by section 23 must be displayed only on the display surface of a vaping product or of any package containing the vaping product.

Presentation of Information

Official Languages

Marginal note:Required health warning and permitted expression

25 The required health warning and any expression permitted by section 23 must be displayed in both official languages, in the same manner.

Technical Specifications

General

Marginal note:Integrity

• 26 (1) The customary method of opening a vaping product or package must not sever, otherwise damage or render illegible any letter, word or part of the required information or of an expression permitted by section 23.

• Marginal note:Exception — blister pack

  (2) Subsection (1) does not apply to an interior package that is a blister pack.

Marginal note:Permanence

27 Any required information and any expression permitted by section 23 must be irremovable.

Marginal note:Legibility

• 28 (1) Any required information must

  • (a) be displayed in a standard sans-serif type that

    • (i) is not compressed, expanded or decorative,

    • (ii) is black on a white background, and

    • (iii) as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type; and

  • (b) be clear and legible and remain so throughout the useful life of the vaping product, under normal or customary conditions of transportation, storage, sale and use.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined by measuring an upper case letter or a lower case letter that has an ascender or a descender, such as “b” or “p”.

Marginal note:Characters in text

29 Each character in the text of the required information must have the same font and type size.

Marginal note:Visibility

30 Any required information must not be concealed or obscured by any other information that is required or permitted to be displayed under the Tobacco and Vaping Products Act, any other Act of Parliament or any Act of the legislature of a province.

Nicotine Concentration Statement

Marginal note:Specific legibility rules

• 31 (1) A nicotine concentration statement that is displayed on a vaping product or package must be displayed

  • (a) in a type that has a minimum height of 3 mm and a minimum body size of 8 points, if the main display panel has an area equal to or greater than 45 cm²;

  • (b) in a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area equal to or greater than 10 cm² but less than 45 cm²; and

  • (c) in a type that has a minimum height of 1.5 mm and a minimum body size of 4.5 points, if the main display panel has an area of less than 10 cm².

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Health Warning

Marginal note:Text — health warning

32 A health warning must be displayed in such a manner that

• (a) the first word is in upper case letters and bold type;

• (b) the remaining text is not in bold type and is in sentence case letters.

Marginal note:Official languages — placement

33 A health warning in one official language must be displayed immediately beside or below the health warning in the other official language and the two must not be combined.

Marginal note:Official languages — vaping product and package

34 In the case of a vaping product or package, the health warning in both official languages must be displayed on the same main display panel or display surface, as the case may be.

Marginal note:Visibility

35 A health warning that is displayed on a vaping product or package must

• (a) in the case of a vaping product or package that is cylindrical in shape, not extend beyond the main display panel;

• (b) in the case of a vaping product or package that has a rectangular cuboid shape, be displayed on the main display panel; and

• (c) in the case of a bag or any other package, be readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the bag or package.

Marginal note:Specific legibility rules

• 36 (1) In the case of a health warning that is displayed on a vaping product or package, the health warning must be displayed

  • (a) in a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area of less than 45 cm²; and

  • (b) in a type that has a height and body size that results in the health warning in both official languages occupying not less than 35% of the main display panel, if the main display has an area equal to or greater than 45 cm².

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Leaflet and Tag

Marginal note:Display of information

37 Any required information that is displayed in a leaflet or on a tag must be

• (a) positioned as close as possible to the top edge of the surface of the leaflet or tag, in such a manner that, if applicable, any nicotine concentration statement is immediately above the health warning; and

• (b) displayed in such a manner that it is readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the leaflet or tag.

Marginal note:Specific legibility rule

• 38 (1) Any required information that is displayed in a leaflet or on a tag must be displayed in a type that has a minimum height of 2 mm and a minimum body size of 6 points.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).