Help us defend Canadian's right to harm reduction

The federal government’s upcoming proposal to ban flavours has put the industry at significant risk. Should a flavour ban pass, hundreds of thousands of former smokers may relapse back to smoking and thousands of current smokers may be prevented from making the switch to vaping. Vaping has conclusively shown to be far less harmful than smoking and flavours are the key to its success. There is no credible evidence to suggest that banning flavours will prevent youth vaping. Adult smokers have the constitutional right to access effective harm reduction products and removing flavours violates this right. A flavour ban will undo the smoking prevalence reduction progress Canada has achieved and decimate the independent vape industry.

This constitutional violation is supported by the Canadian Constitution Foundation, which states, “…flavor restrictions, have the potential to make [vapes] less attractive or effective as quit-aids—and are considered from the standpoint of potential interference with the right not to be deprived of life, liberty, and the security of the person protected by section 7 of the Charter.” The Canadian Vaping Association intends to hold the government accountable for willfully violating the constitutional rights of Canadians.

While vape advocates have launched campaigns to save flavours, we must prepare for the worst-case scenario. Should flavours be banned, the CVA has begun preparing for a constitutional challenge.

The CVA was founded to ensure access to vapour products by advocating on behalf of the CVA’s membership and the vaping industry without influence from Big Tobacco. The legal challenge will preserve this core value and be funded solely by the independent vape industry.

We have taken the initiative to prepare for a legal challenge, but it is the industry’s fight. We are asking the industry for its financial support to ensure our government is held accountable for over reaching and harmful policy. Independent vape businesses were founded to help smokers quit and our ability to continue helping smokers is at jeopardy. Please donate and help us defend your business and the rights of Canadians.

The donation funds will be used to retain Cambridge LLP and collected by the Canadian Vaping Association. 

We anticipate the full cost to be $1.5 million dollars. Below is the breakdown of what the cost would include and the donation from this fund will be spent on the following  plus administrative support costs to support the legal challenge:

·        Injunction preparation and filing

·        Section 7 Charter Challenge

·        Subject matter expert requirement

·        Studies

·        Researcher support on discovery and documentation

Should the ongoing campaigns to save flavours be successful and the lawsuit unnecessary, donors will have the option to receive a refund proportional to the percentage of funds spent in preparation for the injunction or the money can be used for further advocacy efforts on promoting harm reduction. 

For the past several years, the industry has tried to work with government to achieve equitable regulation that balanced the needs of adult smokers with youth protection. These efforts have been unsuccessful. We need your support to hold the government accountable for the harm they intend to inflict on adult smokers and their families.

For further information you can contact the fundraising lead  Samuel Tam -  [email redacted]  or at [email redacted] .  The Canadian Vaping Association www.thecva.org