Thank you, Mr. Speaker.
Promotion, Advertising and Packaging
Point-of-Sale Advertising
Section 10 of Bill 41 prohibits several forms of advertising of tobacco and vapour products, including a form of in-store sales promotion found near, on, or next to a checkout counter as a mechanism to influence a consumer's buying decision, commonly known as "point-of-sale" advertising.
JUUL Labs argued that Bill 41 should be amended to be less restrictive of the promotion and display of vapour products, both in the retail and non-retail context, so that smokers are aware of their products and more likely to switch to vaping. The company offered the following for committee's consideration:
- Point-of-sale advertising gets adult smokers to switch to vaping, so a total prohibition on this form of advertising for vaping products would work contrary to the NWT's objective to reduce adult smoking;
- Prohibiting point-of-sale advertising for vaping products could allow counterfeit products using youth-targeted flavours and prohibited nicotine content to proliferate rapidly; and
- Bill 41 is more restrictive than most other Canadian jurisdictions with respect to advertising.
All other witnesses who testified supported the preventative approach toward advertising set out in Bill 41. Committee heard concern that the open promotion of vaping products, including lifestyle marketing and the use of claims such as that vaping offers a healthier alternative to smoking, would open the door to the renormalization of smoking and undermine hard-earned tobacco control efforts. ASH informed committee that five of six Canadians support restrictions on vaping promotion. The Canadian Cancer Society advised that almost all jurisdictions in Canada regulate promotional displays for vaping, and that Alberta and Saskatchewan are currently taking steps to do so, as well.
On the balance, committee was not persuaded by the arguments offered by JUUL Labs in favour of loosening restrictions on point-of-sale advertising for vaping products. The presentation by the Canadian Cancer Society convinced committee that advertising and marketing campaigns related to vaping can be ubiquitous, are often youth-oriented, and fail to speak to the health effects of these products. Committee supports the restrictions proposed in Bill 41 around advertising vaping products.
Youth-Oriented Advertising
Committee learned that an alarming number of youth are vaping in Canada, with a reported 23 percent of students in Grades 7-12 having tried an e-cigarette. JUUL Labs acknowledged that exposure to ads is associated with greater odds of use of e-cigarettes in youth. Stakeholders cautioned committee that vaping promotion that is not specifically banned is essentially allowed and may be exploited. It is believed that clever marketing may be contributing to increased use of youth vaping.
Committee was persuaded by the presentations about the savvy marketing practices by vaping companies and agrees youth in the NWT must be safeguarded from similar advertising and marketing efforts. Committee supports the restrictions on the promotion and advertising of vaping products proposed in Bill 41.
Bulk Discounts
The Canadian Cancer Society recommended Bill 41 be amended to prohibit tobacco and vaping products from being sold at a reduced price based on the quantity sold. This would prevent the sale of more than one package together at a reduced price (e.g. "duo-packs") compared with two packages being sold separately, or other similar discounts, which encourage higher consumption and undermine consumption taxes.
Committee agrees with the Canadian Cancer Society that Bill 41 should be amended to prohibit the sale of tobacco and vaping products at a reduced price based on the quantity sold, so as not to encourage higher consumption. For this reason, committee proposed Motion 4, set out in Appendix B.
Restrictions on carrying fluid
NTNUPHA recommended that Bill 41 be amended to create restrictions on the carrying fluid used in vaping devices, due to uncertainty about the toxicity produced from heating the substances used for vaping.
Committee has been informed that vaping devices, vaping liquids and their containers are subject to the Canada Consumer Product Safety Act (CCPSA), and that Health Canada intends to introduce regulations under that Act to address health or safety risks posed by these products. Until then, the Consumer Chemicals and Containers Regulations is applied to address these risks. Committee is satisfied with these protections for the time being.
Flavoured Products
Committee learned that federal legislation now bans flavours in cigarettes, most cigars as well as blunt wraps, and that several provinces have legislation controlling flavoured tobacco products. To date, no province or territory has altogether restricted flavours in vaping products, though a few provinces have regulatory authority to restrict flavours in these products.
There is no question that flavoured products make consumption of otherwise unpalatable items more palatable and easier to consume, especially for youth. Once upon a time, one out of three teenage smokers smoked menthol cigarettes. For this reason, the Government of Canada banned the sale of menthol cigarettes in 2017. JUUL Labs argued that flavoured vaping products should be viewed as beneficial, however, because behavioural data shows that adult smokers are almost twice as likely to switch to vaping products if they are flavoured.
Committee agrees with the presenters who stated that tobacco use and vaping should not be a pleasant experience for new users. At the same time, however, we recognize that tobacco is viewed as natural by many residents in the NWT and as enhancing their quality of life, especially among elders. Committee felt a balance should be struck to discourage new users from developing a taste for these harmful products, while recognizing that certain exemptions, specifically for flavoured smokeless tobacco, may be appropriate.
For these reasons, committee proposed Motions 1, 3 and 6, set out in Appendix B, to prohibit the sale of flavoured tobacco products, except those exempted by regulation, and the sale of prescribed flavoured vaping products.
Implementation Report
The Canadian Cancer Society recommended that Bill 41 be amended to require the Minister to report every five years on the implementation of the legislation. A couple tobacco control statutes elsewhere require periodic implementation reports by the Minster responsible or a Chief Medical Health Officer.
Committee agrees there would be a benefit to the Minister periodically reporting on implementation of this legislation to ensure it is effective in controlling tobacco and vaping products. To that end, committee proposed Motion 5, set out in Appendix B, to require the Minister to report on implementation of the Act three years after the section comes into force, and every five years thereafter.
I would now like to turn the reading of this report back to the Honourable Member for Nahendeh.