I came across this interesting product on Reddit this morning. A Root Beer OG vape cart. With a strong showing of 94% Total THC this unique cart has an apparent Root Beer Flavour from the Root Beer OG strain I can only assume. Now here’s the interesting part, Root Beer is a confectionery drink. Based on my understanding of the #cannabis regulations. An LP is prohibited from naming an extract after a confectionery drink such as Root Beer. Typically this type of name would be flagged during the NNCP process. But maybe because it’s an assumed Strain name HC let this slide? I will say it’s smart to add things like Kush, OG, Haze or any other “strain” identity to your flavoured extract. As it allows you to sell the product to provinces that ban non “strain” extracts. That said is Root Beer OG really a strain name? And does this flavoured diamond vape actually taste like said Cannabis Strain? At the end of the day none of it matters because it’s on the market and available whether it’s a risk being taken by the LP or an oversight by regulators. One thing is clear in Canadian Cananbis Circa 2024. Health Canada doesn’t have the bandwidth to enforce its regulations, so much so that many LPs both large and small are blatantly disregarding them across the industry. Which begs the question if health Canada can’t enforce various aspects of the regulations like single colour packaging and extract naming conventions. Then why are they so against changing these regulations that aren’t being enforced anyway?
Kori Ainsworth
2mo
From my experience, the NNCP is simply a notice, and doesn’t actually get approval from HC. So IF this was to be flagged by HC it would happen after the product has hit the market. As we all know that has the biggest financial impact on an LP after all the time money and effort has gone into it. Maybe HC needs to revise the NNCP process, among other things.
Sarah Jones
2mo
Love this discussion! I have seen this so many times & it is #1 confusing to all #2 costly to the people who launch these SKUs that aren't actually compliant. When we see something non-compliant we often get the argument "if they can do it so can I". But that just leads to more costly mistakes. This is why a good QA is so valuable!! As much as it can be hard to work with someone who tells you "no" 90% of the time hahaha it is so worthwhile! & while there are golden people who won't "snitch" so many people do. It might be the only perceived way to level the playing field....who knows...either way, you're right. HC doesn't have the bandwidth & many people don't mind taking the risk of not having a QA validate their work.
Michael Sharp
2mo
I would add that this phant / fanta aspect is another facet to the root beer issue.
AMP Jones
2mo
It is a strain name if they say it is I suppose. There are absolutely no naming conventions or restrictions for cannabis strains as far as I am aware. Kind of genius in a loop holy way.
Jonathan Wilson
2mo
Great discussion starter, Tyler Kibler! HC has said to me in the past that despite the fact it is on the market, it doesn't mean it is compliant - which adds both support and confusion to your post and this issue. So they could recall it any time, even though it made it through the cracks. Even if the cultivar is named that by the breeder, that doesn't allow it to be treated fairly, look at all the RNTZ/R*ntz/etc products that can't use the real name. So wild. For what it's worth, I would view the above as non-compliant, but I am absolutely not the regulator or a snitch :)
David Brown
2mo
As others have noted, this is more than likely because HC never reviewed their NNCP. The dept simply cannot process the tens of thousands of notices they receive so 90% fall through the cracks. This is the root cause of most of the non compliant products on shelves. From an article we did last year: "Health Canada tells StratCann that since the regulatory requirement for NNCPs first came into force on October 17, 2019, the regulator has received 86,337 Notices of New Cannabis Product and sent 18,979 requests for more information. These figures are current to April 26, 2023. "Health Canada confirmed that eight employees are dedicated to administering this regulatory requirement. This would mean each employee would need to review about a dozen NNCPs per day. https://stratcann.com/other/canadian-cannabis-producers-say-the-process-to-vet-new-products-needs-an-overhaul/
David Wood
2mo
Non-existent or selective enforcement means anyone with a budget to take risks gets an advantage over those without a budget to take risks - as in any industry. I keep current with various products, from budget to top shelf, in all categories except edibles (I don't eat sugary confections, especially not just to access 10 mg of THC!). A significant amount of the branding is non-compliant for its content. A significant amount of the labelling is outside of regulation due to what is bold, what is not, margins, colors behind information, etc.. I also receive email from retailers that identifies price - apparently 17(1)(a) doesn't matter either. I wonder whether enforcement priorities will change post-election. Happy Sunday! See some of you at Tether this evening in Calgary!
David Joly
2mo
Very confusing. If Root Beer OG is the name of the strain, then why is there also a French translation just after? A strain name does not need to be translated (Blue Dream does not become Rêve bleu).
ACTIVE Relationship Builder/Manager | Product / Project Manager | Experienced Canadian Cannabis Professional
2moAt my previous LP, we had a Root Beer flavored disty vape but we weren't able to market it as such, so it was named Sassafras to semi link the flavor (granted, most people had no idea what sassafras was 😅) I feel it is how much of a risk the LP is willing to take. NNCP is just the notification at the end of the day, and they could be in market for some time making $$ before HC even reviews it, let alone decide it isn't compliant and ask for a recall. Even with strain names, I don't believe HC will approve. We had to change a few names of products in different categories because they deemed it wasn't complaint even though it was the cultivars name (and they were in market for well over a year)