Complaint Review: Canvape

 Well I must say after reading what your illustrious leader had to say in poor representation of your company I just thought I’d let you know that you have lost all of my business and the hundreds of your business cards I give out weekly for your company that I get at the market to help your company will never been given out again and I will be very clear to let people know not to deal with you guys at all. I took your staff at the merchants market with a grain of salt as just a couple of jerks in your company but continued to do business with Jason at the downs view market but I have now realized that the jerks at the merchants market do business the same way as Adam does. I will not send people to a company that responds to complaints with swearing and threats. Your company has just shown me how pathetic you are and am thoroughly disgusted that I've been purchasing products from such a disrespectful company. Shame on you.

You should be glad that your daughter chose canvape products instead of bringing home cigarettes. Get an education! And at 17? She's no longer a baby. Most teens begin smoking around ages 15, 16. 

Ok first off I just want to say that I think arguing online is completely ridiculous. It makes you both look like children. Now I can see where the poster is coming from and also where the people that commented on the issue are coming from.

Now......

OP your daughter is partially responsible you need to own that and accept that. She needs to take responsibility for her own actions. You need to stop protecting her when she is wrong in this situation. She went on her own accord and bought that e-cig and the nicotine liquid. No one held a gun to her head. Also if she needs an e-cig what else is she doing. I think that you need to take a step back and look at everyone's part that was played wrong or not.

As far as the company they should have carded your daughter and on that note OP you have a completely valid case. I think that you have every right to take them to court if they did in fact sell your daughter an e-cig even though she isn't of age.

Other then that I think that you need to do your part as a mother and give your child one good punch to the chest because she obviously isn't following your rules by putting her on punishment and taking away her cell phone for a week. I'm not saying abuse your child but if you spare the rod you spoil the child and you OP have obviously spared the rod.

So stop acting high and mighty and let responsibility fall where it lies and take up for your own faults as well OP.

Did a bit of online looking and discovered a couple things that might be relevant: The company in question appears to have only been in business for a couple months. They have an online store and a booth at an official market. The owner goes online on forums to find customers (so not likely "the largest ecig store in Canada").

Sales of nicotine liquids in Canada are not illegal but they're not controlled and the health authorities do not recognize them or have any policies about them. There is no specific law about selling ecigs to minors - but if the sale of nicotine patches or inhalers are restricted in Ontario to adults - then there was an offense. It's not restricted in other provinces or cities.

1. Accusation of illegal activities - not much to discuss. If a law was broken - the OP needs to contact the police. They'll gather the necessary information and ask all the questions and decide whether to lay charges.

2. Daughter got ill from using the product.... This is something the OP needs to discuss with a doctor and a lawyer. If the illness was diagnosed and directly connected to the product and not likely connected to anything else - there could be grounds for a civil suit. If no doctor was consulted and there are no long term effects or nothing directly connects the illness to the product - the law would likely see this as an unfounded accusation. Again - your lawyer should be able to better advise you on this.

3. Response from the company - ...this is where EVERY complaint is justifiable. For a company to respond this way is disturbing. The profanity, the threats, the counter-accusations - really unbelievable. This "may" cross into illegal activity. Contact the police and show them the original emails. If it's not illegal - and it were me - I'd march down to the market and show the manager the entire conversation. It's a pretty well known market and I'm sure they wouldn't be pleased to know that one of their booths is communicating that way regarding complaints.

While it's incredibly tempting to say "talk to your daughter - she's 17 - if she's smoking or making bad decisions - she needs your guidance", the fact is, she is YOUR daughter, not mine.

I do hope you get, in the very least, a written apology for the horrific way your complaint was addressed by the company. That just wasn't okay.

They have a large problem down here with underage purhase of alcohol which is kind of like the underage purchase of cigs or in this case, the underage purchase of products which contain nicotine. In the past, the TABC has gone after the merchants that sold kids, under 21 alcoholic beverages. This year they changed tactics. They went after BOTH sides. They issued citations to the merchants who sold alcohol to underage drinkers AND issued citations to those kids who ATTEMPTED to buy alcohol and were underage. I'd be careful, you may be opening your daughter up to some liability in this matter.

Never said I didn't care about who sold what to whom. Just indicated that your original post implied a question of the company selling something to someone underage. Pointed out that the buyer usually if not always indicates that they are of age to make the purchase. Also have pointed out that the company states that they do not sell items with nicotine and you say they do. The burden of proof will be on you. I have requested that you post the court and case/docket number so we can follow you're lawsuit against the company. I have also pointed out that your indignation about the company selling these products to your daughter should be shared with your daughter as she made the purchase. So if (as in your post) my child(ren) bought illegal drugs, I would be upset and angry with the dealer that sold the drugs. However, I would also be upset with my child(ren) that made the purchase. All of your anger is directed at the company, giving your daughter a free pass after engaging in behavior that you say you find offensive. It takes two to tango and it looks like your daughter was a willing participant.

You come to a public forum to tell your story and people here are offering you constructive and helpful advice and you piss all over us.

So you know what? I don't care any more. I tried to give you some useful advice. Things like proving who actually owns the booth and proving that they actually sold the product to your daughter are two VERY important things to verify for the police. You are talking about ILLEGAL CRIMINAL ACTIVITY. If you want to help the police they need CONCRETE evidence.

You are unwilling to take any advice on collecting this, so piss off. Good luck with your "lawsuit" I'm sure this company will laugh at you in court with all your hearsay.

After all with your scatterbrain logic it would be her fault.

So, who exactly forced your daughter to buy that e-cigarette?

The answer would be NOONE.

Nobody's saying that it's entirely your daughter's fault.  But you do have to keep in mind that your daughter made the decision to buy it.

Now, if they are selling the product illegally, I hope you do win your case.  The problem is, usually, when some one posts a reply that the OP doesn't agree with or doesn't want to consider, the OP comes back with "you must work for this company" and then follows with "class action lawsuit".  Just take a look around on this site, some of the people here apparently work for hundreds of different companies all at once.

I see I have people with too much time on their hand here who are going to contradict everything I say. You either work for the company or you are a very lonely person with too much time on their hands.

First we have the guy who doesn't care who sells what to who. Its all my daughter fault. I hope you don't have kids one day. If someone sells her drugs on the street, I'm sure you would favor jailing her over the dealer. After all with your scatterbrain logic it would be her fault.

Second the booth was run by CANVAPE.. I know you all want to sound really smart and say it wasn't. But the company has already stated it was their booth. I fully expect you to continue explaining that the company might not know what booth they own and run, but you certainly do.

and not worrying about the internet. If the company states their products contain no nicotine, the burden of proof will fall on you to prove it does. I'm sure they can produce documents proving their side of the case, even if they are falsified.

Also, just because a booth at a market has that company's sign up does not mean its run by that company. For example, I could open a drink stand selling coca-cola. I could put up coca-cola signs all over the booth and just be in buisness for myself. The booth would be in no way actually related to coca-cola and this would be perfectly legal. Its highly likely that this booth is operated by someone selling the canvape products and not actually run by canvape itself. These are very valid questions you need to find the answers to in order to pursue a case. If you think we are being hard on you, wait until you go to court. The court system will be 10 times harder on you to prove your case.

Additionally, what proof do you have that this booth sold your daughter anything? Do you have a reciept? Is there a credit card charge? Something? The company can just claim they never sold your daughter anything and that someone else must have bought it for her. YOu need to get all your evidence lined out if you wish to pursue it. What is interesting, E-Cigarettes containing nicotine are completely illegal in canada right now. You should be able to get a government agency involved to test their products. If they do contain nicotine that company is in a LOT of trouble, not for selling it to your daughter but just for selling it.

Is the booth still in buisness?

I guess you missed my statement in my first post that I DON'T work for the company and had never heard of them. But since you've used the old "you must work for them" reply, you've lost what little credibility you had.Even with the booth having the sign, it was probably still a third party vendor selling the items. Since Canadian law restricts the use/sale of nicotine, I seriously doubt a Canadian company that bills itself as "Canada's largest" is selling nicotine. They have too much to lose. If they are I doubt you would be the first to discover it and there would be lawsuits both criminal and civil. But that's okay, stick to your belief. Just please post the court and case number so that we can follow your lawsuit against this evil business. And please continue to stick your head in the sand as to your daughter's part in all this.

Let me say this slowly so you understand. She purchased the nicotine liquid from the Canvape booth run by Canvape, not a 3rd party. As for the claims on the site of no nicotine. At best they are outdated at worst they are a lie. Considering the excuses you continue to make for your company I know which one it is.

If you put the same effort with your company into protecting kids that you do making weak excuses here there wouldn't be this problem.

Can't card everyone? I'm sure many a bar owner charged with serving minors have tried that without any success. That is not an excuse acceptable under law. Even if you can't card everyone you can card a 17 year old girl who looks not 15.

Pathetic. Not only do you sell illegal poisons to my underage daughter you come here and make every excuse you can about it.

But the basic premise still holds. Unless they card everybody, they ask the customer are you old enough to purchase and if the person says yes then it's on the person not the company.

Went to their website www.canvape.com. They say welcome and then state that their products do NOT contain nicotine. Sounds like she got the nicotine from a third vendor and the third vendor and your daughter are who you should be upset with.

The product was sold by CANVAPE at CANVAPE's booth in the market to my daughter in person. I know it was CANVAPE because that is what the sign on the booth. It wasn't some store, it was CANVAPE'S store. Again to make it perfectly clear, my daughter, bought these products in person from a booth run by CANVAPE, as all stated in the original complaint.

I know the juice has nicotine in it because that is what is says on the bottle. It was also sold to my daughter as containing nicotine. It also made her sick.

The respondent from the US mentioned that selling to minors is illegal. But as your daughter purchased this in Toronto - that`s probably not the case. 

The FDA (US) has classified ecigs (for now) as tobacco products - so the underage restriction will be there. This same classification doesn`t exist in Canada. Chances are - in court - whatever laws govern the sale of nicotine (patches, gum, etc) are what can be applied - but it really is best to consult your lawyer and discuss this with him or her. 

Might be a good idea to talk to your daughter and learn why she purchased the product. If she`s smoking already and wants to stop - as a mom of teenagers - I`d start with helping her out with that. 

The responses you got from that company are a bit disturbing - for sure. That might be worth discussing with a lawyer. 

Please read my report. The product was sold IN PERSON at the 400 Market to my daughter. She only found out about the company online.

The OP is correct. Electronic cigarette containing nicotine are currently illegal for sale in canada. Additionally, she didn't buy them over the internet. The OP stated that she bought them from a market in toronto.

The question I have: Was this company selling them directly to consumers in canada, or was a third party selling them? If it was a third party, you have no case against canvape. You have to go after the third party that sold it. If it was bought directly from the company, then you have a case. The next thing you have to prove is that they are selling the type that has nicotine in them. Not all e-cigarettes contain nictotine. They could be selling it without nicotine in order to comply with canadian law.

If they are selling them without nicotine, then they are perfectly legal to sell and to sell to minors. Where is your evidence that the ones your daughter bought contain nicotine?

that you're upset that your daughter bought and used these products. But first of all, the products themselves are not illegal as your heading states. They are illegal for someone under 18. However, the purchase was done over the phone or on the internet. The company has a disclaimer where the purchaser has to acknowledge that they are of age to legally purchase the items. If the purchaser says yes, how is the company supposed to know they are underage? Your irritation about the situation is understandable but should be directed at your daughter and not at the company. And before you say it, NO I do not work for this company. Never heard of them before reading your post.