In June 2021, the New Brunswick Legislative Assembly adopted legislation to ban flavours in e-cigarettes, except for tobacco flavour, effective September 1, 2021.   Also in June 2021, the Legislative Assembly adopted legislation to require specialty vape stores to have a licence – this licensing requirement comes into force this week on Friday, April 1, 2022.

In September 2021, a constitutional challenge regarding the flavoured e-cigarette restrictions was filed in the New Brunswick Court of Queen’s Bench, and re-filed in February 2022.  The plaintiffs include a vape store and several vape store owners, and a company that manufactures and sells e-liquids.  The constitutional challenge receives financing from the Canadian Vaping Association.

Last week, on Monday, March 21, 2022, the plaintiffs filed a motion in the New Brunswick Court of Queen’s Bench for an injunction to suspend (stay) the legislation on both the licensing requirements and the flavour restrictions.  The hearing on this motion will take place today.  If the motion is granted, the legislation would be suspended immediately.

On Jan. 28, 2021, the Nova Scotia Supreme Court dismissed a similar motion that sought to suspend Nova Scotia’s ban on flavours (other than tobacco flavour) in e-cigarettes.