Vaping on trial: The effects of British Columbia’s Vaping Product Damages and Health Care Costs Recovery Act

On December 2, 2025, Bill 24 received Royal Assent, bringing into force the Vaping Product Damages and Health Care Costs Recovery Act (the Act). The Act is designed to permit the Government of British Columbia (the Government) to seek recovery of public health care costs associated with vaping-related illnesses, injuries, and addiction. The Act provides the Government with a direct and distinct cause of action against companies involved in the vaping industry, including manufacturers, wholesalers, consultants, and trade associations. The legislation mirrors the Opioid Damages and Health Care Costs Recovery Act and the Tobacco Damages and Health Care Costs Recovery Act. It may also lead to the commencement of class actions by the Government on behalf of other provincial governments or the federal government, as has occurred further to the adoption of other cost recovery legislation.

Affected parties

With the exception of retailers that are unaffiliated with manufacturers, the new law captures anyone connected to the manufacture, promotion, distribution, or sale of “vaping products”; namely, nicotine-containing devices and substances, with some cannabis-related exceptions. The Government may sue in its own right (rather than on behalf of another party) and recover costs on either an individual or population-wide basis.

To succeed on a claim pursuant to the Act, the Government is required to show on a balance of probabilities that the defendant breached a duty owed to users of and those exposed to the vaping product, that the vaping product can cause harm, and that the vaping product was available in B.C. during the breach. The Government is not required to prove damage to individual patients, but can instead rely on population-level evidence, such as epidemiological and sociological studies. Furthermore, in class actions, a ministerial certificate is considered conclusive proof of the amount owed and must set out the healthcare benefits that have been provided or will be provided due to the vaping-related wrong.

Companies that acted together may be held jointly and severally liable, and liability may be apportioned based on factors such as market share, duration and riskiness of conduct, deviation from industry standards, product harmfulness, promotional spend, and whether marketing targeted vulnerable populations. Directors and officers may also be exposed to liability, subject to a due diligence defense. It should be noted that the Act does not preclude private claims brought by individuals.

There may be further expansion or limits to the scope of the Act. The Lieutenant Governor in Council is granted the authority to exclude certain devices and substances from the Act’s scope of application, as well as include additional delivery systems, such as nicotine pouches.

This legislation exposes companies in the vaping supply chain to higher litigation and financial risk. This risk is not speculative – within days of the Act coming into force, the Government initiated its first legal action under the new framework.

What businesses should do

Businesses should consider obtaining expert advice regarding how these new developments affect them. Steps to consider may include reviewing governance and compliance programs, marketing practices (especially those aimed at vulnerable groups), the extent of product testing, and record-keeping practices. Insurance coverage, contractual risk allocations, and reserves may also be revisited, along with considerations of implications for financing and M&A.

If you wish to obtain further information, please contact the authors.