TPD compliance and its impact on retailers
Consumers use e-cigarettes as a method of quitting smoking - this is one major factor that is currently driving the e-cigarette market in the UK’s attempt to become smoke-free by 2030. According to an article published by PR Newswire, there has been a decrease in consumers smoking cigarettes, and an increase in consumers using e-cigarettes.??
To date, it has been an ever-growing battle to prove that e-cigarettes are a safer alternative to smoking cigarettes. There are endless articles, studies and opinions available on the internet where the effects of vaping have been compared with that of smoking. You can read a study on the review of e-cigarettes and other novel nicotine delivery systems by Public Health England.?
As the e-cigarette market continues to grow and e-cigarettes are used as alternatives to smoking, fake vape products (non-TPD-compliant) started entering the market.
One major factor driving the e-cigarette market is the fact that consumers use e-cigarettes as an alternative to smoking. The vaping industry keeps on growing, and with that, there is an increase in the demand for vaping products, but retailers are still finding it difficult to determine whether they are compliant with the vaping regulations.
What are the UK’s Laws on Vaping? ?
Most smokers turn to vape as the best alternative to finally help them kick the smoking habit. For the UK to sell any vape product it must comply with the Tobacco and Related Products Regulations (TRPR) minimum standards such as: ?
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What does TPD compliant mean? ?
The Tobacco Products Directive (TPD) is a set of rules for the sale and manufacture of vaping products in the European Nations (EU). This came into effect in 2016. For a disposable vape, e-liquid, or vaping device to be released into the European market it must adhere to a set of regulations to become TPD compliant. ?
What does TRPR stand for? ?
TRPR stands for Tobacco and Related Products Regulations. TRPR are the primary regulations that govern vaping products in the UK and is derived from the implementation of the EU’s Tobacco Products Directive (TPD) according to UKVIA.
TPD Compliant disposable vape regulations. ?
Disposable vaping devices must follow TPD/TRPR regulations. Disposable devices must conform to the following in order to be TPD/TRPR compliant. ?
1. The tank capacity of disposable vapes cannot exceed more than 2ml. ?
2. Disposable vape devices cannot exceed a nicotine level of 20mg/ml (2%).
3. All disposable devices must be registered with the Medicines and Healthcare Products Regulatory Agency (MHRA) and appear on the MHRA’s website as approved. ?
4. The packaging of disposable vapes must contain the following: ?
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5. The leaflet inside the packaging of electronic cigarettes must include the following: ?
What is an ECID number? ?
An ECID number stands for Exclusive Chip Identification. This is a number that is created by the manufacturer when they submit their application to the MHRA for approval. This number is only valid once it is approved on the MHRAs website. ?
What does MHRA stand for? ?
The MHRA stands for Medicines and Healthcare products Regulatory Agency and is an executive agency that is sponsored by the Department of Health and Social care in the UK. ?
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The MHRA guidance. ?
Supply of new products from 1 January 2021: ?In order for manufacturers to supply new e-cigarette products in England, Scotland, Wales, and Northern Ireland, the products must be notified via the appropriate notification system. In Great Britain, you must do this via the MHRA’s submission portal. Once the MHRA received your applications, your products will be reviewed for compliance, and upon approval, the products will be published here. Products can only be supplied once the application has been approved and published on the MHRA website. ?
How to check if a product is approved by the MHRA? ?
To check if a product is approved by the MHRA, you can visit the approved products list here and type in the product name in the brand or sub-brand box. The product should come up immediately. You can use the ECID number of the product name and then check the status of that product here. ?
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What if I’m caught selling non-compliant disposable or e-liquids? ?
If you are caught selling non-compliant disposables to the public, your stock can be seized and you can get a fine of up to ￡5000 per instance. ?
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TPD effect on retailers.?
TPD compliance does have an effect on retailers across the UK. It is at this point where responsible retailing comes into play. If a retailer is caught selling non-TPD complaint vape products they can face prosecution and have their stock seized. A fine of up to ￡5 000 can also be issued per instance. Not only on the retailer side but selling non-TPD-compliant vape products can also pose a serious health risk for consumers.??
There are a lot of vape products and vape brands available for wholesale in the UK. It can be quite confusing as to which products you can and cannot sell. The best way to determine whether a product is TPD compliant is to check the product list on the MHRA website.? If you have any questions, be sure to contact us at [email protected]. ?