By Canadian Press

Court of Appeal upholds Quebec law restricting advertising of vaping products

Nov 16, 2021 | 12:57 PM

MONTREAL — Quebec’s highest court is upholding the province’s right to subject vaping products to the same laws governing tobacco. 

In a unanimous decision published Monday, the panel of three Court of Appeal judges reversed parts of a 2019 lower court decision that struck down some provisions of the Tobacco Control Act pertaining to vaping products — known as e-cigarettes.

The Quebec Superior Court had ruled that some of the province’s restrictions on vaping products — including a ban on advertising e-cigarettes to people seeking to quit smoking — went too far because they could prevent smokers from transitioning to a less harmful product.

But the appeals court judges disagreed, ruling that the Quebec government had the right to limit the potential effect of electronic cigarette advertising on young people and on non-smokers.

The Court of Appeal said it recognized that most experts agree vaping products are less harmful than traditional cigarettes.

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But the court said the province rightly argued there are increasing concerns about the health impacts of vaping products and that many experts question their effectiveness as a tool to help cigarette smokers kick their habit.

This report by The Canadian Press was first published Nov. 16, 2021.

The Canadian Press