ADVERSE IMPACTS? ANALYZING CANADA’S FEDERAL VAPING REGS | PART 1



Canada's new federal banking regulations tenet bill s5 is entering the consultation phase where much of the nitty-gritty details are to be worked out the next several months will prove critical for the future of vaping in Canada as government industry public health and legal experts need to explore options and two lost down the final form of the new rules and regs the draft legislation is sweeping and since it covers what is essentially a brand new industry it also presents a challenge finding regulatory experts provide objective third-party analysis in comments joining us today to provide Jeff such analysis is regime Sharma managing partner at Sharma lawyers on behalf of his clients receive has extensive experience working with Health Canada the Ontario Ministry of Health and other provincial government on a variety of healthcare files covering pharmaceutical advertising and marketing medical devices medical marijuana and consumer natural health products regimes thanks for joining us first off when you look at the draft baking regulations do you see any similarities with the regulations in product categories you deal with these regulations look feel and sound a lot like regulations that deal with pharmaceutical products absolutely I see a lot of analogy so it's not a good thing or a bad thing well where you stand depends on where you sit i guess but i think i think as a first step the move by health canada to regulate these products is I think a good move and I think I think regulating it as opposed to legislating it into oblivion or pro a prohibition on vaping would have been the wrong move I believe were for Health Canada to take as other jurisdictions have done so I think that's a positive i think the devil is going to be in the details let's see what the legislation ultimately looks like because we have draft legislation but that's going to be subject to a lot of discussion and debate amongst lawyers and policy analyst in the senate in terms of the committee's that will look at it and that will be the really important phase of this is not what's there now but what comes out the other end receive what comes out in the end is framed by what first went in so what's your opinion on the drop rags that they stand down I think the regulations are again very familiar to somebody who does the work that I do they are very they're very prescriptive and they're very very restrictive in the sense that you know you're not allowed to advertise or make any health claims about saving you're not allowed to make a certain quality related claims not just health related cleanser quality related claims or product related claims they've taken a very broad brush here and taken those regulations which absolutely prohibit advertising is essentially what they've done like tobacco you can't talk about it as a lifestyle thing or a choice to make it cool for those that are under age which is the policy rationale behind why you would do something like that for nicotine for example they've applied essentially that same basis to baby and so I would say again on a as a relatively objective observer in this industry you know it's good news that they haven't killed it but you know it's sort of sitting in a wheelchair INRI and waiting to know or waiting to see if it's going to walk or talk because right now even though it's not gone it significantly impaired the ability of those in the industry to actually get their message out in terms of the potential benefits of me and that's really the rub when it comes down to the new rugs isn't it while they legalized dating the restrictions on advertising and communications either be almost impossible to reach smokers with any positive information about vaping yeah i mean the regulations taken alone you you wouldn't find out the benefits and you know and that's that that's what something that the Minister of Health federally and those who provincially have to wrestle with and so far I think there has been some pretty credible evidence out of the UK in particular to suggest that the benefits of the ISM beeping is at least ninety-five percent safer and smoking combustible cigarettes so you know we don't know the answer yet I mean that the jury in some respects is probably still out because it's so new but I think it behooves our regulators provincially and federally to look at the science and look at the development of the science behind vaping to ensure that if we can get people to stop smoking and move to vaping now that's a very good thing not only from a public health perspective but from a public finance respective i thinkin and those are issues that are on top of mine that makes room for everyone provincially in federally there's even part two of our discussion we'll dive into a couple of specific sections in bill as five restricting advertising and communication let me ask you now if you think government is taking the right approach and correct me if I'm wrong there's still a chance these regs could change that's right I mean that's the point of this next process that we're going through is to make sure that experts are before the legislators in the am done in the Senate committees and to make sure that they understand that have been an absolute prohibition on advertising may not be the right answer so you know the one-size-fits-all approach to tobacco to medical marijuana you name it to pharmaceutical may not be the right approach for vaping vaping is a bit of a different animal if if you for a moment accept the premise that those who are vaping are those trying to quit smoking even if you can move the dial one or two or three percent and get three percent of smokers off cigarettes and on to vaping surely that that's a message that needs to be communicated to smokers if indeed we have the data and we have the backup to give the ministers and the professionals to understand that regulation of that should not be a man of the advertising the ability to advertise by the vaping industry it should somehow regulate it non banat resume as an example from the regulation of pharmaceuticals in Canada that the baking industry to draw we do have a blanket ban on advertising drugs in Canada you can only advertise what's called name price and quantity of the drug you can tell the individual what the drug is for for example so that leaves only you know the viagra and the cialis Thai pads which you don't really have to tell people that it's for because people can quite figure that out you don't see any other advertising indicating marketplace now the regulation do permit pharmaceutical companies to go and speak to health care professionals pharmacist and others who are key conduit to this infrastructure in our health care system that will need to know the information and we are allowed to talk to them about the specifics so so maybe borrowing from that in the pharmaceutical industry the professional should carve out some exceptions in the vaping business of how we can get critical information as science develops and whatever the science is at the moment to those who need to have it I e smokers right and through an intermediary at lead there an intermediary at the very least well that's it for this edition of reg watch stay tuned for part two of our interview with rajeev sharma to be released shortly in the meantime please don't forget to Like us on Facebook and follow us on Twitter for regulator watch com i bred stafford

3 Comments

  1. Vaping will promote itself and so will I. 47'years a smoker except for the last 13 months. Totally cigarette free! Thanks to vaping

  2. Good stuff!

  3. excellent as always

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