The defendants were charged with selling improperly packaged vapour products contrary to the Smoke Free Ontario Act after an undercover enforcement officer purchased a vape containing 5% nicotine.
The court found the products were improperly packaged as they exceeded the 2% nicotine limit, lacked federal and provincial duty-paid stamps, and lacked Health Canada warnings.
The court rejected the defendants' explanation of how the products were acquired and held that the defence of entrapment is not available for bona fide regulatory test shopping.
Both defendants were found guilty.
