Tobacco Companies Urge Quebec to Create ACCES Vapotage: A Balanced Response to Illegal Vaping Products

Tobacco Companies Urge Quebec to Create ACCES Vapotage: A Balanced Response to Illegal Vaping Products

In November 2023, Quebec implemented a bold public health policy by banning the sale of flavored vaping products, allowing only tobacco-flavored and unflavored options. This decision aimed to tackle the rising popularity of vaping among young people, who are often drawn to sweet and fruity vape flavors. However, as the ban unfolds, the complexities of regulating such a dynamic market have become evident, prompting industry stakeholders to propose the creation of ACCES Vapotage—a program designed to address illegal vaping products and protect public health.

Why the Ban on Flavored Vapes?

Quebec’s decision to ban flavored vaping products is rooted in growing concerns about youth vaping. Brightly packaged, sweetly flavored, and readily available, disposable vapes have gained significant traction among teenagers. According to public health experts, these products act as a gateway to nicotine addiction, particularly for young, first-time users who have never smoked before. To combat this, Quebec’s government restricted flavors in hopes of reducing vaping’s appeal to this demographic.

The goal was clear: prevent the normalization of vaping among youth while continuing to offer adult smokers access to tools that could help them transition away from traditional cigarettes. However, while well-intentioned, the ban has had some unintended consequences.

The Rise of Illegal Vaping Products

In the months following the flavor ban, a troubling trend emerged: illegal flavored vaping products began flooding the market. According to the Regroupement des tabagies du Québec, illicit sales have become a major concern, with flavored products now easily accessible through unregulated online platforms, street vendors, and other underground sources.

This situation creates a double-edged sword:

• For public health: Illegal vapes often lack the regulatory oversight that ensures product safety, posing potential health risks to consumers.
• For retailers: Compliant, law-abiding vape shops are at a significant disadvantage as they lose customers to cheaper, unregulated options.

The rise of the black market for flavored vapes raises a critical question: how can Quebec effectively enforce its regulations while supporting legitimate businesses and protecting consumers? This is where the proposed ACCES Vapotage program comes into play.

What Is ACCES Vapotage?

Modeled after Quebec’s existing ACCES Tabac (tobacco enforcement) and ACCES Cannabis (cannabis enforcement) programs, ACCES Vapotage would focus on regulating and controlling the sale of vaping products. The primary goals of this program would include:

1. Combating the Illicit Vape Market: ACCES Vapotage would prioritize identifying and shutting down illegal sales channels, including online retailers and street vendors selling flavored vapes. By targeting these sources, the program aims to reduce the availability of unregulated products.

2. Leveling the Playing Field for Legal Retailers: Many licensed vape shops in Quebec operate under strict compliance with provincial laws. However, their adherence to these rules puts them at a disadvantage when competing with cheaper, unregulated products. ACCES Vapotage would help create a fairer market by enforcing compliance across all sales channels.

3. Protecting Youth from Nicotine Addiction: One of the program’s core missions would be to ensure vaping products remain out of the hands of minors. This could involve increased enforcement of age restrictions, educational campaigns for parents and schools, and stricter penalties for violations.

Challenges and Criticisms of ACCES Vapotage

While ACCES Vapotage has garnered support from some industry groups and retailers, it is not without controversy. Critics have raised valid concerns about the program’s implementation and potential conflicts of interest. Here are some key points of contention:

1. Tobacco Industry Involvement: Some argue that tobacco companies should not have a role in shaping public health policies, given their vested interest in the nicotine market. While these companies support ACCES Vapotage as a way to regulate the industry, skeptics worry this could create a conflict of interest.

2. Cost and Resources: Implementing ACCES Vapotage would require significant government resources for inspections, enforcement, and public education. Critics question whether these funds might be better spent on prevention programs or support services for individuals trying to quit nicotine entirely.

3. Effectiveness of the Flavor Ban: Some stakeholders argue that banning flavors may not have been the best approach in the first place. Instead, they suggest that tighter regulation of sales, licensing, and marketing could address youth vaping more effectively without driving the market underground.

Lessons from Other Countries

Quebec is not alone in its fight against flavored vapes and their impact on public health. Many other countries have implemented similar bans or restrictions, offering valuable lessons on what works—and what doesn’t.

• Australia: In 2021, Australia made vaping products available only by prescription. While this move aimed to curb youth access, it also created a thriving black market, leading to concerns about product safety and the return of some vapers to smoking.

• New Zealand: New Zealand has taken a more balanced approach, focusing on strict age verification and education rather than outright bans. This has allowed the country to support adult smokers who want to quit while reducing youth access.

• United States: The U.S. Food and Drug Administration (FDA) has banned many flavored vaping products while tightening regulations on marketing and advertising. However, enforcement remains a challenge, particularly with online sales.

These examples highlight the importance of finding a balance between regulation and accessibility. Quebec’s ACCES Vapotage program could be a step in the right direction, provided it is implemented thoughtfully and transparently.

Moving Forward: A Call for Collaboration

For ACCES Vapotage to succeed, collaboration between stakeholders will be essential. This includes:

• Government Agencies: Leading enforcement efforts and providing resources for inspections, education, and public awareness.
• Retailers: Ensuring compliance with regulations and reporting illegal activities in their areas.
• Public Health Advocates: Offering expertise and insights to guide policy decisions that prioritize health over profit.
• The Vaping Industry: Supporting initiatives that promote responsible sales practices and safe products.

Additionally, the program must remain transparent and prioritize public health goals above all else. Regular evaluations and open communication with the public will be key to building trust and ensuring the program’s effectiveness.

Conclusion: Balancing Regulation and Access

The proposal to create ACCES Vapotage underscores the complexities of regulating a fast-growing industry like vaping. While the ban on flavored vapes was intended to protect youth, it has inadvertently fueled a black market that undermines public health objectives. By addressing these challenges head-on, ACCES Vapotage could help Quebec achieve its goals of reducing youth vaping, supporting legal retailers, and ensuring safer products for consumers.

Ultimately, the success of this initiative will depend on striking a balance between regulation and accessibility. With thoughtful implementation and collaboration among stakeholders, ACCES Vapotage could serve as a model for other regions grappling with similar challenges in the vaping industry.