joining us today for part two in our analysis of Canada's new federal vaping regulations is rajeev sharma managing partner at sharma lawyers on behalf of his clients receive as extensive experience working with health canada the Ontario Ministry of Health and other provincial governments on a variety of healthcare files covering pharmaceutical advertising and marketing medical devices medical marijuana and consumer natural health products received thanks again for joining us picking up where we left off we were discussing the advertising and communication fan in the draft regulation I like your opinion on a couple of sections would deal with balsa misleading claims around the potential health benefits today think the draft regulations state that no person shall promote baking in a manner that could cause a person to believe that health benefits may be derived from the use of making products and in the following section no person would be allowed to compare the health effects arising from the use of a vaping product or foments emissions with those arising from the use of a tobacco product and its emissions a ban on making health claims outright is understandable and is already a practice the industry follows so receive my question to you if there is one what is the problem with reception the problem is the provision in the draft regulations that says you can't compare an e-cigarette to a tobacco product you can't make any claim you can advertise you can promote the up promote you can't even talk about the health differences are the differences period about between the e-cigarette and a combustible cigarette essentially eviscerate any ability of the industry to talk about the health impact on the health benefit of e-cigarettes and that's and that's a problem so is this a good example down the section the industry should fight to get removed well I thought was the industry absolutely I think that's one of the things you have to impress upon set the Senate committees that are that are going to put pen to paper in terms of finalizing these thing is is that that essentially means that this regulation is and utterly meaningless in delivering the knowledge that is required to look to make the intermediaries at the very least physicians pharmacists and the like to understand the health benefits that this may have and that certain public bodies have already said are available to those who wish to quit smoking and and so if you can't communicate that through entered learn it intermediary like physicians pharmacists and others to the smokers who will benefit from it I think you've got a regulation without any without any impact and while the impact is it is eviscerate the ability of the industry to grow and therefore potentially say a lot regime you think the saving log component of this is being overworked by Health Canada I like to believe that Health Canada as a regulator is going to look at this in more detail i think that the timing has been tight I think they probably have a lot on their plate I know that Health Canada in addition to the pharmaceutical regime in addition to revamping the natural health products regime and that was medical marijuana on their plate you know let's give them the benefit of the doubt maybe in the next several months as they refine these legislations Health Canada will put their input in and make sure that those health benefits can be communicated responsibly responsibly and in a very restricted way nobody saying that this should be it should be able to vaping industry should be able to make health claims writ large but in at least a very limited way into to be able to communicate the health benefit the potential health benefit of vaping or we're smoking I think they made it behooves them to make sure that the committee understands regimes not being able to draw a distinction between baking and the deadly effects from smoking seems nonsensical yeah infer and frankly if it's misleading it's misleading the public because if there is a growing body of evidence again to suggest that there are some health benefits of vaping over smoking and people don't know it and they continue to smoke and I think we've done our population a disservice those who the fifteen to seventeen percent or whatever the number is that continue to smoke cigarettes I think you've done them a huge disservice and I think you've done your protein frankly it is not to sound mathematical about it but you've done your public Treasuries of this service and your health care system into service at the time when made at least need the expenditure with the silver tsunami and the aging population coming receive I want to ask you about the potential consequences behind the primary mission of the new reg and that's to limit the appeal of vaping to young people do you think there could be an adverse impact on adult smokers that are trying to quit yeah I mean I think that's a good question i like with all regulation i think it tries to balance the cost-benefit right and it you know I think it's deceivingly elegant to think that you know banning cotton candy flavored ejuice and and things of that nature will stop children from vaping but but I really don't think that that's where we should be focusing our efforts frankly I think like all things I mean you you ban them for those under 18 and you move on and whether you know whether some are going to vape or not they're going to do that irrespective of the regulations irrespective of whether it's cotton our bubblegum flavored ejuice I think that's a red herring i think is put that aside what i do see the potential benefit is even if you move one two or three percent of smokers off smoking I think that far outweighs and swallows any of the costs that might come with that which includes having a few underage children start vaping what it was wouldn't again I don't have the empirical evidence it's just logic in my experience in the regulatory filled up and I teach a course in law and economics where I look at the law and economics of regulation and that's one of those questions and I think in this case my gut tells me that the benefit to those who are looking for a way to get out of smoking far advanced leave any of the cost receive these can be less bought as over-regulation in my gut reaction is it is over regulating and you know in other industries I understand the nuances the regulated industries that are working beer pharmaceuticals and the like I see the logic in in the nuanced regulations that apply to those industries I don't see the logic in the the way that these drafted regulations apply to the vaping industry simply because it's not a one size fits all you need to make sure that this industry is regulated the wake this industry should be regulated and it's not the same as pharmaceutical minim not the same a beer and it's not the same as tobacco it's going to have it's going to have to have its own set of regulation that makes sense for this how realistic is it to expect changes to be made for the drop rag is common sense individuals like you and I are talking through these regulations in 20 minutes or less and finding these real serious problems not to mention maybe some charter challenges that may be coming in respect of this as well you know surely those wiser than you and I sitting around a Senate committee table with a bunch of experts will come to a conclusion that is more sensible than the regulations are as droughts follow receive it certainly seems like this is a critical moment for vaping in Canada this is a critical moment in the industry future they have to make sure that they get the right government relations that they get the right lawyers and they get the right regulatory expert in front of government and and and and Lobby though frankly you need to log in them very hard with clear sound logical science and cogent arguments about why over-regulating this industry it's bad for Public Health not good for Public Health well that's it for this special edition of reg watch before you head off please like us on Facebook and don't forget to follow us on Twitter for regulator watch calm I'm Brent sapper


  1. Thanks Reg watch. Another great video. Im in the USA but these regulations affect all of us vapors, worldwide. I have a question that I was wondering if you could answer or maybe find an answer to, which seems simple in nature: Isnt there anyone in government who IS vaping? There has to be someone in power who has switched themselves, knows a close friend or family member who has switched to vaping as an alternative to smoking. Or I am to believe that No One who is invloved in making any of these decisions on regulations is a smoker? As a former smoker who is now vaping – the difference is night and day. I feel healthier.

  2. that's the same as a priest on a catholic church couldn't talk about Jesus or God, or even muslum couldn't preach to Alá, it's so ilogical and stupid…

  3. So true well done Reg watch

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