With the implementation of the Tobacco Product Directive (TPD) currently underway, we thought we could provide a detailed look at what the legislation includes and how it affects consumers and retailers.
First of all... this has already happened.
The first and most important thing to note is that e-cigarettes and vapes are covered by the TPD. It is covered by Article 20 of the EU Directive and passed into UK law, having been implemented since 20 May 2016.
That said, the vaping industry cannot avoid law and regulation forever, nor should it. Consumers deserve protection from shoddy products, and the industry needs to protect its integrity. That said, the TPD itself is a formidable regulatory piece of legislation that has failed in many ways and could still be curbed in others. Much of its new legislation is meaningless, and it’s unclear how it will be regulated and enforced.
The biggest concern for the industry and vapers themselves is that the TPD will likely reduce the number of vapers compared to smokers and may also curb the trend among those who are looking to switch. Considering that most of the evidence suggests that vaping is safer than smoking, it seems that officials have put public health at the bottom of the list of concerns when drafting the TPD.
Key points of TPD
The maximum allowable capacity of an essential oil bottle is 10ml.
The maximum nicotine concentration for any e-liquid will be 2% or 20mg/ml.
All essential oils and any device that can vaporise essential oils must be tested and the MHRA must be notified of the product and its test results 6 months before the product is sold.
The maximum capacity of the RTA / Clearomizer will be limited to 2ml.
RTA/Clearomizer must be “no leakage when filled”.
Advertising of vape products in any form is prohibited. This includes direct and online advertising such as email marketing and television commercials.
Important milestones
May 20, 2016
This is the day TPD officially came into effect. The advertising ban was implemented immediately.
November 20, 2016
From this date, retailers will have 6 months to remove all invalid products such as leaking tanks, e-liquids larger than 10ml or with nicotine concentrations higher than 2%... from their shelves. New invalid products will not be allowed to continue to be manufactured, purchased or sold.
May 20, 2017
The sale of products that do not comply with the TPD requirements is prohibited. Only products that have been tested and reported to the MHRA (6 months prior to launch) are allowed to be sold.
If, between late 2016 and early 2017, your choice of vaping devices and e-liquids has been greatly reduced and it has become harder and more expensive to buy the products you want, and you have seen fewer people switching from smoking to vaping, then you can thank the EU and those who want us to keep smoking for that.
Direct effects from TPD
1. With essential oils
Essential oils will only be sold in 10ml bottles.
The maximum nicotine concentration for all e-liquids is 2% - in fact, most manufacturers rarely produce e-liquids with nicotine concentrations above 1.8%.
Essential oil bottles should have child-proof caps – this is what most responsible manufacturers do.
The essential oil bottle must have a leak-proof mechanism when adding essential oil – most needle-tip essential oil bottles can meet this requirement.
Although notifying the MHRA only costs around £100 or £200 per flavour, per strength, the cost of testing can run into the thousands. This means that a small manufacturer with around 20 flavours and four strengths could face around £250,000 in licensing costs.
One side effect of the licensing process is that it will have a major impact on the availability of some essential oil flavours, as manufacturers will have to provide detailed information to the MHRA about the specific ingredients that make up their flavours.
Nicotine-free e-liquids do not require testing and are not affected by TPD.
2. With burner /Clearomizer
As with essential oils, all atomisers and clearomizers must be tested and the results sent to the MHRA 6 months before being released to the market.
Only tanks with a capacity of less than 2ml are allowed for sale.
The tank needs to be leak-proof and provide a steady flow of nicotine.
Unfortunately, many of the tanks and clearomizers available today do not meet the requirements of the treatment, simply because they are larger than specified.
3. Batteries and vapes
At present, batteries and vapes sold separately from tanks are not affected by TPD. Simply because they are not capable of vaporising e-liquid on their own. However, if tanks and batteries are sold together in a kit, the whole kit will need to be tested and registered with the MHRA.
4. Accessories
Accessories such as chargers, cases, empty bottles... are not affected by TPD.
Trouble ahead
We can prepare for a future where the number of e-liquid flavors available is reduced, just hope we don't lose too many popular flavors.
The UK and EU device markets will lag behind the rest of the world due to the six-month waiting period for MHRA approval before products can be sold. However, information about new technology will still be available on international (non-EU) sites and there is no law preventing the public from purchasing products from that source.
Article source: vapingcentral.co.uk
Translator: The Vape Club
