The Canadian Vaping Association: Consequences of a denied injunction


Beamsville, ON, Jan. 29, 2021 (GLOBE NEWSWIRE) -- Yesterday, Justice Boudreau denied the injunction against Nova Scotia’s draconian regulation banning flavours and excessively taxing vape products. The injunction brought forth by William McEachern argued that Nova Scotia’s regulations unfairly burden smokers that are trying to quit.

While McEachern will proceed with a constitutional challenge, yesterday’s decision will have serious health implications for smokers in Nova Scotia. Since the ban on flavoured products, Nova Scotia has experienced an unprecedented increase in traditional tobacco sales, causing the Atlantic Convenience Store Association to sound the alarm on the harm this policy has caused.

Upon implementation of the regulation, most of Nova Scotia’s specialty vape shops were decimated. The remaining few, continued to operate with the hope of a successful injunction. The injunction denial will almost certainly result in the closure of many if not all the remaining vape shops. Specialty vape shops were the province’s only age-restricted retailers and instead of limiting vape products to less than 50 age-restricted stores, Nova Scotia has regulated specialty stores out of existence. Dozens of small businesses were destroyed in support of the tobacco distribution channels. Thousands of convenience locations, ill equipped to help smokers through their transition to vaping, will now be the sole legal purveyors of vape products.

“We are saddened by Justice Boudreau’s decision. Nova Scotia has allowed rhetoric to triumph over science. Furthermore, as the black market looks to take advantage of the opportunity presented to them by the Government of Nova Scotia, dangerous non-regulated products will flood the market. Since criminals don’t ask for ID, Nova Scotia has put youth at far greater risk and actually increased access. The province was presented with the world’s greatest harm reduction opportunity and instead of supporting smokers’ rights to reduce their harm, Nova Scotia has irreparably damaged public health on multiple levels. McEachern has the CVA’s full support as he proceeds to a constitutional challenge. This challenge is no longer about industry. It is about returning access to life saving products, protecting citizens from illicit vape products and defending Nova Scotian’s constitutional rights,” said Darryl Tempest, Executive Director of the CVA.

 

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