B.C. tables landmark law to target deceptive vaping ads, paving way for industry lawsuits

The B.C. government has introduced groundbreaking legislation aimed at holding vaping companies financially accountable for the public-health costs tied to their products.

Attorney General Niki Sharma unveiled the bill Wednesday, calling it “a first in Canada” — and saying it mirrors the legal framework the province used to sue tobacco and opioid manufacturers for decades of alleged deception.

“These companies have used deceptive practices to boost profits, marketing their products as safe and even beneficial,” Sharma said. “They’ve targeted impressionable youth while knowing full well that their claims were false.”

B.C. was the first province to take on Big Tobacco, a fight that recently led to a $32.5-billion national settlement, of which B.C. will receive $3.6 billion over 18 years.

“We’re getting better, and we’re winning,” Sharma said. “This new law sets us up to take vaping companies to court next.”

A new legal front in the vaping fight

The legislation would give the province the authority to sue manufacturers and distributors that make false or misleading health claims about vaping products — or that fail to warn about potential harms.

While Sharma could not yet quantify the total cost of vaping-related illness to B.C.’s health-care system, she said the impact is growing.

“Vaping is linked to higher rates of respiratory illness, long-term addiction and even mental-health challenges,” she said. “It’s costing everyone — especially young people.”

Funds from any future settlements or judgments would flow into general provincial revenue, not earmarked specifically for health programs.

‘A whole new generation’ at risk

Sharma said the rise in vaping threatens to undo one of B.C.’s biggest public-health wins — the steady decline in smoking rates over the past two decades.

“We risk losing a whole new generation to nicotine addiction,” she said.

Education Minister Lisa Beare added that the legislation complements school-based initiatives designed to teach students about the risks of vaping and help them make “informed choices.”

Industry response: call for balance

The Canadian Vaping Association, which represents vape retailers and manufacturers, did not immediately respond to B.C.’s proposal.

In a May statement, the group said it supports “sensible regulations” that balance youth protection with adult harm reduction, arguing that 1.9 million adults in Canada now vape, often as an alternative to smoking.

“Vaping remains one of the most effective harm-reduction tools available,” association president Sam Tam said, adding that the industry shares Health Canada’s goal of cutting smoking rates below five per cent by 2035.

Health Canada acknowledges that vaping can help smokers quit — but warns it’s “not harmless and not intended for young people.” The agency says teens are especially vulnerable because their brains continue developing into early adulthood.

What’s next

The bill is expected to pass during the fall legislative session, with B.C. positioning itself as a test case for other provinces that may seek compensation for the long-term costs of vaping-related illness.

“It’s about accountability,” Sharma said. “If companies are making billions while misleading our kids, British Columbians shouldn’t have to pay the price.”