One year after Quebec’s controversial ban on non-tobacco flavored vape products, a thriving underground market has taken root. A recent survey by Imperial Tobacco Canada (ITCAN) reveals that the majority of vapers in Quebec are still accessing flavored vapes—illegally. Here’s a closer look at why this ban seems to have backfired, creating a booming black market and leaving the government scrambling to enforce its own regulations.
Key Findings: Flavored Vape Products Still Popular Despite Ban
According to a survey conducted by Leger for ITCAN:
- 61% of vapers reported buying non-tobacco flavored vape products in the last 12 months.
- 40% of these purchases were made at vape shops, despite the restrictions.
- 33% of buyers turned to online sources to get their hands on banned flavors.
- 47% knew they were buying illegally but did so regardless.
The data suggests that the flavor ban has driven a significant portion of the vape market underground, with demand for flavors like mint, fruit, and dessert continuing unabated.
ITCAN Criticizes Government Enforcement Efforts
Eric Gagnon, Vice President of Corporate and Regulatory Affairs at ITCAN, didn’t hold back in his assessment of the government’s enforcement efforts, stating, “If the government’s objective was to create an untaxed and unregulated vapor market, then well done and mission accomplished.”
The enforcement data tells the same story:
- Only 150 of Quebec’s vape shops (roughly 38%) have been inspected by Quebec’s Ministère de la Santé et des Services Sociaux (MSSS).
- Out of these inspections, only 28 shops received fines, despite an estimated 90% non-compliance rate.
According to ITCAN, these enforcement lapses have effectively created a “free pass” for illegal sellers, emboldening them to meet the steady demand for flavored products without fear of significant penalties.
ITCAN’s Recommendations for Strengthening Enforcement
In response to the surge in illicit sales, ITCAN has laid out a series of recommendations to curb the illegal market:
- Expand Training and Resources for Inspectors: ITCAN suggests that inspectors receive more comprehensive training to identify and address violations more effectively.
- Increase Penalties: The company believes that steeper fines could deter unlicensed sales and discourage vape shops from bypassing the ban.
- Conduct an “Enforcement Blitz”: A targeted crackdown on illegal retailers could demonstrate that the government is serious about enforcing its own regulations.
The Bigger Picture: Why Flavor Bans Often Fail
The situation in Quebec mirrors a broader trend seen in other jurisdictions that have enacted flavor bans. From the United States to Europe, many regions report similar outcomes where bans fail to curb demand and, instead, fuel black market growth. Consumers who prefer flavored products often turn to unregulated markets, which pose higher risks of counterfeit or unsafe products.
Top Reasons Flavor Bans Fail:
- Persistent Demand: Flavor bans ignore the preferences of adult vapers who use flavored products to quit smoking.
- Lax Enforcement: Limited resources and manpower make it challenging for governments to inspect and penalize all offenders.
- Increased Black Market Risk: Bans often lead to an uptick in unregulated and potentially unsafe products on the market.
Final Thoughts
It looks like Quebec’s flavor ban has unintentionally provided a goldmine for illegal vape sellers. Instead of eliminating flavored products, it seems the government has simply shifted their distribution to the black market. Perhaps next time, they should consider a strategy that doesn’t create more problems than it solves!
