On August 18, 2025, the Consumer Choice Center submitted comments on the Third Legislative Review of the Tobacco and Vaping Products Act in response to a call for submissions on this topic. On May 20, 2026, the Minister of Health Marjorie Michel tabled the report of the third legislative review of the TVPA in Parliament which took into account the submissions received by stakeholders, including the one submitted by the Consumer Choice Center.
Unfortunately, it is apparent that our advice, which we voiced on behalf of Canadian consumers, was not taken into proper consideration for this review. This is disappointing to Canadian consumers who are trying to quit smoking in Canada and are being stopped in every way when they try to switch to alternatives that are significantly better for their health.
Health Canada itself reiterated once again in the news release announcing the results of this review that “smoking rates and youth vaping rates in Canada are declining overall”. However, the very first line of the media quote from the Minister of Health states “Our government is committed to helping people quit smoking and vaping, and keeping tobacco and vaping products out of the hands of youth.” Unfortunately, the ways they are doing this in Canada are only harming adult smokers who want to quit to supposedly solve a problem that they themselves show is on the decline.
The Minister’s press release states “tobacco use remains a significant preventable cause of disease and premature death in Canada, claiming the lives of approximately 46,000 Canadians every year.” However, it’s important to note that the government continues to make it difficult for adults to access life-saving harm reduction tools, and continues to make it difficult to advertise these products as the modern miracle they are for smokers. It is a shame the number of deaths is so high when it does not have to be that way.
The response also talks about changing and enhancing enforcement tools since their present actions are clearly not working. We agree vehemently that enforcement should be stronger on all contraband cigarettes, vapes, and other products. As we have stated in the past, the scourge of illegal markets in this industry is not only harming Canadians’ health and taking tax money away from the government, but also facilitating organized crime in Canada and abroad.
In terms of rules that simply do not make sense, the report does not show any self-reflection by the federal government. As we mentioned in our initial comments to the federal government, it is heartening to see that, according to the third legislative review of the Tobacco and Vaping Products Act, Health Canada inspected gas stations and convenience stores for compliance with TVPA vaping rules, where there is a high 90% compliance rate. In fact, one chart from the most recent report shows that gas and convenience stores had a 99% compliance rate in 2024-2025.
This extremely high compliance rate should convince the federal government that retailers can be trusted to sell pouches again rather than have them only sold in pharmacies, and to have the products they sell display messages regarding comparative risk that will better serve the health of their customers. It remains a mystery why cigarettes can be sold at these retailers but a harm reduction tool like pouches cannot.
There is also a convoluted discussion regarding online vaping sales. The biggest issue with online sales for everyone, of course, is the growing amount of illegal online retailers. If the federal government was serious about stopping illegal online sales, then they would look into allowing the regulated market to exist in places like flavours for adults so they don’t have to turn to illegal online markets, especially when quitting aids like flavours has been proven by data to help smokers quit at a higher rate.
As we mentioned in our initial comments to the government, flavours increase adult smoking cessation success rates by an astonishing 230%. Vaping flavours are powerful behavioral aids for adult smokers seeking to break free from cigarettes. As youth vaping numbers continue to tumble, and with the ability to trust stores with compliance, it should become very difficult for the government to justify why they are taking away an option that helps people quit at an alarmingly high rate, and instead spends enforcement power in retail and online trying to fight against flavours.
One of the activities for consideration that is found throughout this report is to collaborate more with stakeholders. I invite the Minister of Health, and Health Canada officials, to work with consumer advocacy groups like the Consumer Choice Center, as well as vaping advocacy groups, so that their views do not continue to be one-sided, incomplete, and saturated in the undemocratic practice of circular lobbying.
In order to have a deep enough understanding of a topic that is life or death for many people, Health Canada must take into consideration serious push back on their modus operandi when it comes to the TVPA. There is no harm in having a conversation and considering other well-researched and data-backed resources such as the work being done by myself and my colleagues at the Consumer Choice Center. The question is, with tumbling youth vaping rates and 46,000 smoking deaths in Canada a year, is Health Canada finally willing to listen? This response sadly shows that the answer is no, and Canadian smokers will continue to suffer as a result.