E-cigarettes, nicotine cartridges and the law

According to Health Canada and the Food and Drugs Act (the FDA), e-cigarettes that contain nicotine require approval by Health Canada. Nicotine is a drug.  Products that contain nicotine cannot be sold without approval under the FDA.  The delivery system in e-cigarettes is considered a medical device and is subject to the Medical Devices Regulations under the FDA.

To date, no e-cigarette or nicotine cartridges have been given approval to be imported, marketed, or sold in Canada.

This means that e-cigarettes containing nicotine cannot be imported, advertised, or sold in Canada. Violation of the Food and Drugs Act may be subject to enforcement actions.

For more information about the Public Advisory issued by Health Canada visit: http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2009/13373a-eng.php