E-Cigarettes: A Hazy Status In The Workplace

Electronic cigarettes with nicotine ("e-cigarettes") and cartridges of nicotine solutions are widely available to consumers despite Health Canada's warning that their importation, advertisement and sale are prohibited without authorization. There remains confusion over the legalities of their use, especially in public places and workplace settings.

What is the legal status of e-cigarettes?

This is what we know:

• According to both Health Canada and the Federal Court of Canada,¹ electronic smoking products containing nicotine are considered drugs under the Food and Drugs Act² ("Act") and the Food and Drugs Regulations³ ("Regulations");
• An advisory and notice have been issued by Health Canada warning Canadians not to purchase or use electronic smoking products, as well as asking all persons importing, advertising or selling electronic smoking products in Canada without the appropriate authorizations to stop doing so;