Kenya opposes proposed Canadian tobacco law

Kenya says that Canada has not cited any evidence to show that traditional blended cigarettes are any more attractive to youth than flue-cured cigarettes, nor has Ottawa provided any evidence demonstrating that traditional blended cigarettes are as attractive to youth as candy or fruit-flavoured products. 

“If Canada is concerned with flavours that are particularly appealing to youth, there are less trade-restrictive ways to deal with the problem,” the government says. “For example, Canada could only ban products with characterising confectionery or fruit flavours.”

Based on the information available, Kenya says that it fails to see how Canada has sought to ensure that the law is not more trade-restrictive than necessary to fulfil its legitimate objective.

The government says the law’s objective of reducing the incidence of youth smoking by banning the manufacture and sale of candy and fruit-flavoured cigarettes is a legitimate concern.

It adds that rather than banning cigarettes with a distinctive or characteristic confectionery or fruit flavour, Canada has instead banned the use of additives, even if they do not impart a characteristic flavour to the tobacco product.

No basis

“There is no basis for this approach,” the government says. “If a consumer cannot taste a candy or fruit flavour when smoking a cigarette product, and the product instead tastes simply like tobacco, there is no reason to assume that youth would be uniquely attracted to it.”

The government says that Section 7 of the Canadian Tobacco Act, which the proposed law seeks to amend, allows the country to alter the list of additives and products that are covered by the ban administratively without further legislative action. 

“Canada can use this authority to ensure that the ban only applies to cigarettes that exhibit discernible confectionery or fruit flavours,” it says. “We urge Canada to consider this approach.”