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 our summary of TPD Vaping Laws UK 2017 and how it will impact e-liquid manufacturers, vape mod makers, vape companies, vape shops and ordinary vapers in the UK. With the introduction of e-cigarettes and vaporizers in the UK the Medicines and Health Care Products Regulatory Agency (MHRA) issues an implementation plan to govern products and provisions associated with these products (UK Government, 2016). The Tobacco Products Derivative (TPD) or Article 20 was introduced in February of last year and is responsible for governing rules surrounding nicotine containing electronic devices and refill containers.

Under the TPD the MHRA defines a PRODUCER as anyone who manufactures or imports vapour products of who re-brands any product as their own (UK Government, 2016). A RETAILER is an individual who sells e-cigarettes and/or e-liquids by retail to the general public (UK Government, 2016). A retailer can be a producer and a producer can be a retailer but they are defined separately (UK Government, 2016).

The introduction of the TPD assures that standards are upheld pertaining to e-cigarettes and all associated provisions. Whereas e-cigarettes have the potential to impact public health it is important for the government to be involved in maintaining a level of regulation. The TPD maintains that“minimum standards for the safety and quality of all e-cigarettes and refill containers (otherwise known as e-liquids) are met; ensures that the information will be provided to consumers so that they can make informed choices; and provides an environment that protects children from starting to use these products” (UK Government, 2016).

There are also new requirements under the TPD which are: e-cigarette tanks must be restricted to a capacity of no more than 2ml; the maximum volume of e-liquid for sale is to be restricted to 10ml; nicotine strength must be restricted to no more than 20mg/ml; packaging for e-liquids must be child resistant; ingredients such as colorings, caffeine and taurine and new labeling and warning requirements are in effect (UK Government, 2016).

Producers must notify the MHRA when they have a new product and when it will be released on the market. Producers must inform the MHRA of the product at least 6 months before the release date. Once the product it approved and on the list it may be released for sale.

It should be noted that even products that are already on the market but that have been significantly modified must also go through this approval process before being re-released as they are considered a new product. Significant modifications to products are considered in any of the following cases: “any change to the qualitative or quantitative composition of the nicotine-containing liquid; any change to the volume of a refill container, tank or cartridge; any change to the composition or power output of a device which would be likely to affect emissions” (UK Government, 2016).

Once the product is approved all non-confidential information will be published and made accessible to the public.

Retailers are not required to submit information about products they are choosing to sell. A retailer who is also a producer would be required to disclose any information about new products they intend to release. As per the TPD all stock of products that do not comply with the new regulations pertaining to labelling, warning and packaging procedures must be sold by May 20, 2017. It is the responsibility of the retailer to inquire with their supplier about their intentions to meet the requirements issued in the TPD. After the May 20, 2017 cut off date any products that do not comply with these measures must be discarded and no longer sold.

While many companies sell their products online each business under the TPD must register for cross-border sale. Each business will be required to have a confirmation of registration in order to prove their legitimacy to complete distance sales.

The proper labelling of products is also monitored by the TPD to ensure the safety of consumers and other members of the public. Producers are encouraged to provide all pertinent information on packaging in order to assure that the public is able to properly identify the product and ensure safe consumption or use. The following are pertinent labelling regulations for e-liquids and associated products as drawn from the TPD:

• Bottle of e-liquid and information leaflet placed within a cardboard box/sleeve → The cardboard box/sleeve is considered the smallest individual packaging. TPD labelling must be applied to the cardboard box/sleeve. The bottle does not have to carry this information.

• Bottle of e-liquid with no further packaging other than an information leaflet attached to the bottle via tag or other → The labelling requirements must be applied to the bottle, via label, pull-out label or other means.

• Multipack of 2 or more bottles of e-liquid or e-liquid included in a presentation box or starter kit

• If the individual bottles are placed in a cardboard box/sleeve (as in point 2) TPD labelling must be applied to both the individual cardboard box/sleeve and each subsequent layer of packaging (container pack).

• Where the individual bottles not packaged and are aggregated in a multipack or presentation box, the multipack or presentation box would be considered the unit pack. Only the multipack or presentation box would require TPD labelling. (UK Government, 2016).

Per labelling regulations, all ingredients that are used in quantities of 0.1% or more should be listed on the bottle or packaging. A full list of ingredients should be provided to the MHRA regardless of percentage of use in the product. If the product does not contain nicotine when sold but can be used to contain nicotine, the proper warning label is still required.

If the Producer has reason to believe that there are health or safety issues with any of their products they are required to notify the MHRA in a timely fashion. Once the MHRA is notified the Producer must take corrective action on the product before releasing it to the public. Corrective action must also be communicated to the MHRA.

The TPD was implemented to maintain a level of safety across the board for retailers, producers, consumers and the general public. For more information on this policy please click here.

Reference

E-cigarettes: regulations for consumer products. (2016). Retrieved May 08, 2017, from https://www.gov.uk/guidance/e-cigarettes-regulations-for-consumer-products