Backgrounder - An Act to Amend the Tobacco Act

News Release

An Act to Amend the Tobacco Act protects children and youth from tobacco industry marketing practices that encourage them to use tobacco products. These marketing practices include the use of flavourings and additives that would appeal to children and youth, the availability of little cigars and blunt wraps (sheets or tubes of tobacco) in single or small quantity "kiddy-packs," and an increasing number of tobacco ads in daily newspapers and free entertainment weeklies.

Flavours and Additives

Little cigars (also known as cigarillos) and blunt wraps are marketed today with fruit flavours (such as grape, cherry, peach, banana split and tropical punch) and additives (such as vitamins, sugar and others that taste like candy ) that mask the harshness of the tobacco and so appeal to children and youth.

Research from both American sources and the tobacco industry's own internal documents - released through court cases - indicates that the addition of fruit and candy flavours to tobacco products makes them more appealing to young and new users. The tobacco industry's internal documents show that flavours and additives increase the "try factor."

This is a growing problem. Wholesale sales of little cigars have increased from 53 million units in 2001 to 403 million units in 2007, making them the fastest growing tobacco product on the Canadian market.

The proposed amendments would:

• Prohibit the addition to little cigars, cigarettes, and blunt wraps of fruit flavours and additives that would appeal to children and youth (excluding menthol);
• Prohibit the representation of these flavours and additives on the package (such as a picture or graphic).

The amended Tobacco Act would also provide Health Canada the flexibility - through a Governor in Council authority - to ban other appealing additives or include other product categories in the flavour ban at any time in the future if evidence indicates that these are serving as inducements to youth.

Prohibiting the representation of flavours or additives (e.g. pictures of fruit) on a package meets the Prime Minster's commitment to block tobacco marketing aimed at children and youth and allows for timely enforcement, as inspectors can seize tobacco products that are represented as being flavoured.

Minimum Package Quantities

Unlike cigarettes that must be sold in packages of 20, little cigars and blunt wraps are often sold individually, and priced for as little as a dollar.

The proposed legislation would amend the Tobacco Act to:

• Extend the minimum quantity provision that exists for cigarettes to little cigars and blunt wraps, requiring them to be packaged in quantities of at least 20.

This change will end the industry practice of selling these products in single or small quantity "kiddy-packs" that are attractive to youth.

Advertising

Although there are currently restrictions on tobacco advertising (in both print and electronic formats), t he tobacco industry has been taking full advantage of an exception allowing them to advertise in publications that have at least an 85% adult readership.

A recent resurgence of tobacco advertising - over 400 ads nationwide - between November 2007 and December 2008 - has exposed young audiences to tobacco sales pitches.

Full colour tobacco ads have been appearing in daily newspapers, magazines and in free entertainment weekly papers. The free entertainment papers are available to anyone by way of curb-side box, making it impossible to restrict access by children and youth or determine if the readership is at least 85% adult.

Between November 2007 and December 2008, tobacco companies spent approximately $4.47 million dollars to place nationwide ads in print publications - a dramatic increase from the amount spent in the previous fourteen months.

The proposed legislation would:

• Repeal the exception that allows tobacco ads to be placed in a print publication that has an adult readership of not less than 85%.