Canadian Cancer Society to defend Quebec legislation restricting e-cigarette advertising next week in Quebec Court of Appeal
Quebec Court of Appeal to hear key case impacting public health on Monday, March 22
MONTREAL, March 18, 2021 /CNW/ - The Canadian Cancer Society is joining together with the Attorney General of Quebec to defend provincial legislation that restricts e-cigarette advertising. On Monday March 22, the Quebec Court of Appeal will hear arguments regarding the constitutional validity of the Quebec legislation. The Canadian Vaping Association and the Quebec Association of Vape Stores contend that the legislation violates the constitutional right to freedom of expression. The Canadian Cancer Society has intervener status in the case.
"Quebec's restrictions on e-cigarette advertising are crucial to prevent vaping among youth, non-smokers, and ex-smokers," says Diego Mena, Vice-President of Strategic Mission Initiatives and Engagement at the Canadian Cancer Society. "The legislation is essential to protect youth and public health from the predatory marketing practices of tobacco companies."
The tobacco industry now dominates the e-cigarette market in Canada, including through companies such as Imperial Tobacco Canada Ltd. (brand Vuse), JTI-Macdonald Corp (brand Logic) and Juul, the Philip Morris affiliate.
This case comes after a May 3, 2019 ruling from Quebec Superior Court judgement of Justice Daniel Dumais, which overturned key provisions of the Quebec e-cigarette legislation and concluded that some e-cigarette advertising could appear in any location. This means that such advertising could even appear on billboards near schools or on television.
The case is being heard in the context of dramatic increases in youth vaping, both in Quebec and across Canada. In Quebec, among students in Secondary IV and V, vaping has increased from 6% in the 2012-13 school year, to 10% in 2014-15, to 14% in 2016-17, and to 22% in 2018-19 (Canadian Student Tobacco, Alcohol and Drugs Survey). A more recent study by the Quebec Statistical Institute in late 2019 found that 33% of Quebec students in Secondary IV and V are vaping (Québec Survey on Smoking, Alcohol, Drugs and Gambling in High School Students).
The Canadian Vaping Association's legal position contradicts multiple public statements that it has made outside of court. Previously, the Association has said it supports a ban on e-cigarette advertising except inside specialty vape stores, which is even more restrictive than the Quebec legislation being challenged.
"In June 2020, the federal government adopted new regulations to reduce youth vaping by prohibiting e-cigarette advertising anywhere that youth under age 18 may be exposed," explained Mena. "The decision in this case could have nationwide implications. That's why we are determined to appear in court and protect public health by upholding e-cigarette advertising restrictions."
The case will be heard by a panel of three justices: The Honourable Justice François Pelletier, The Honourable Justice Geneviève Cotnam, and the Honourable Justice Benoît Moore. The appeal hearing will last for one day beginning at 9:30 am and is being heard virtually. Media can access an audio webcast of the hearing.
About the Canadian Cancer Society
The Canadian Cancer Society (CCS) is the only national charity that supports Canadians with all cancers in communities across the country. No other organization does what we do; we are the voice for Canadians who care about cancer. We fund groundbreaking research, provide a support system for all those affected by cancer and shape health policies to prevent cancer and support those living with the disease.
SOURCE Canadian Cancer Society
Nuala McKee, Manager, Advocacy Communications, Canadian Cancer Society, 416-219-7281
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