Flavoured Tobacco Products

 

 

It is against the law to sell, offer to sell, distribute and offer to distribute flavoured cigarillos.

A cigarillo is any:

  1. Tobacco product that:
    1. Weighs less than 1.4 grams, not including the weight of any mouthpiece or tip;
    2. Is in the form of a roll or tube; and
    3. Has a wrapper that contains natural or reconstituted leaf tobacco
  2. Tobacco product that:
    1. Has cellulose acetate or other type of filter;
    2. Is in the form of a roll or tube; and
    3. Has a wrapper that contains natural or reconstituted leaf tobacco

All unflavoured cigarillos can be sold, but must be sold in packages of 20 cigarillos or more.

 

It is against the law to sell, offer to sell, distribute and offer to distribute flavoured tobacco products.

A flavoured tobacco product is any tobacco product that is represented as being flavoured, that contains a flavouring agent or that is presented by its packaging, advertisement or otherwise as being flavoured.

A flavouring agent refers to one or more artificial or natural ingredients contained in any of the parts of a tobacco product, as a part or an additive that imparts a distinguishing aroma or flavour other than tobacco, including that of a spice or herb, either before or during the use of the tobacco product.

These rules do not apply to the following flavoured tobacco products:

A flavoured cigar that:

a. Weighs more than 1.4 grams but less than 6 grams, excluding the weight of any mouthpiece or tip;

b. Has a wrapper fitted in spiral form;

c. Has no tipping paper; and

d. Contains only a flavouring agent that imparts a flavour or aroma of wine, port, whiskey or rum.

A flavoured cigar that:

a. Weighs 6 grams or more, excluding the weight of any mouthpiece or tip;

b. Has a wrapper fitted in spiral form; and

c. Has no tipping paper

Waterpipe Tobacco and Pipe Tobacco

The exemption described above for “flavoured pipe tobacco” does not extend to flavoured shisha tobacco used in waterpipes or hookahs. As a result, the sale of flavoured waterpipe tobacco is prohibited in Ontario. Waterpipe tobacco differs from pipe tobacco in its appearance, use and ingredient composition.

Tobacco retailers are responsible for making sure that laws with respect to the sale of flavoured tobacco products are followed. Tobacco retailers have a legal responsibility to ensure that they and their employees understand and comply with the requirements under the Smoke-Free Ontario Act, 2017. It is very important for retailers to work with their local public health units to understand the law and to be in compliance.

Public Health Units carry out inspections and respond to complaints regarding the sale of flavoured tobacco products.

Any individual convicted of selling, offering to sell, distributing or offering to distribute flavoured tobacco could face a fine ranging from $4,000 to $100,000, depending on the number of previous convictions.

Any corporation convicted of selling, offering to sell, distributing or offering to distribute flavoured tobacco could face a fine ranging from $200,000 to $600,000, depending on the number of previous convictions.

This page is intended as a quick reference only and should not be considered to be legal advice.

Print the Flavoured Tobacco Products Fact Sheet.