The U.S. wants to ban Juul. Where is Canada on regulating e-cigarettes?

Earlier this week, regulators in the United States ordered Juul to pull its vaping products from the market, dealing a major blow to one of the most powerful players in the industry.

The company is appealing the decision by the U.S. Food and Drug Administration (FDA), asking a federal court to block a government order to stop selling its electronic cigarettes.

While the attempted ban in the U.S. doesn't directly affect Canada, some health advocates say it raises questions about the slow pace of regulation in this country.

Here's a closer look at the FDA's decision and what's happening in Canada. 

As part of the FDA's review process, companies had to demonstrate that their e-cigarettes benefit public health. In practice, that means proving that adult smokers who use them are likely to quit or reduce their smoking, while teens are unlikely to get hooked on them.

In its decision, the FDA said that some of the biggest e-cigarette sellers like Juul may have played a "disproportionate" role in the rise in teen vaping. The agency said that Juul's application didn't have enough evidence to show that marketing its products "would be appropriate for the protection of the public health."

On Friday, the e-cigarette maker asked the court to pause what it called an "extraordinary and unlawful action'' by the FDA that would require it to immediately halt its business. The company filed an emergency motion with the U.S. Court of Appeals in Washington as it prepares to appeal the FDA's decision.

That dispute is far from over. 

Juul's vaping products, as well as those sold by other companies, remain available in Canada. 

Health Canada proposed a ban on flavoured vaping products last June. At the time, it cited research indicating that flavoured vaping products are "highly appealing to youth, and that youth are especially susceptible to the negative effects of nicotine – including altered brain development, which can cause challenges with memory and concentration." 

But after a round of consultations last year, that proposed ban still hasn't been put into effect. 

Several provinces and territories have put in place their own limits on flavoured vaping products, citing their appeal to teenagers.

(Juul voluntarily stopped selling many of its flavoured cartridges in 2020 following criticism they were designed to entice youth.)

David Hammond, a public health professor at the University of Waterloo who researches vaping in youth, said banning Juul products in the U.S. won't necessarily have a significant impact on the industry as a whole, given its declining market share and the variety of products available.