NO
TO
What the TPD actually
mandates, and why we should
all take action
At first look many think the Tobacco Products Directive (TPD)
is reasonable, after all it doesn’t force e-cigarettes to be
medicinal products and there is not an outright ban, yet on closer
inspection, it is far from what it seems. It will wreak havoc upon
the vaping community and Industry.
This is why Totally Wicked is challenging it.
The European Parliament adopted the Tobacco Products
Directive 2014/40(EU) on 3rd April 2014. Its implementation is
already underway, including that of Article 20, the section that
pertains to electronic cigarettes.
Enforcement of the TPD in the UK is the responsibility of the
Department of Health (DH) and the TPD is required by the
European Parliament to come into force for e-cigarettes from 20th
May 2016.
These are the main points that will affect how we all vape.
1. All products must be notified to the competent authority (DH) 6
months prior to being placed on the market. Products already
on the market on 20th May 2016 must be notified within 6
months of that date. The notification procedure is complex
and requires substantial testing and technical work for every
product. This will push up prices and dramatically reduce
innovation.
2. E-liquid may only be sold in pre-filled cartridges containing 2ml
or less, or dedicated refill containers containing 10ml or less.
3. E-liquid may not exceed nicotine content of 20mg/ml.
4. Only high purity ingredients that do not pose a risk to human
health may be used in e-liquid.
5. Consistent nicotine doses must be delivered in consistent
operating conditions.
6. E-cigarettes and refill containers must be child and tamper
proof, protected against breakage and leakage, and when
refillable, there must be a mechanism that ensures leak free
refilling.
7. Promotion and advertising of e-cigarettes by print, radio,
televisual or public event media is prohibited.
8. Submission of comprehensive sales and marketing data is
required
E-cigarettes as we all know are clearly neither a medical product,
nor a tobacco product. Vapers are neither unwell, nor are they
tobacco users, but it is due to this cramming of e-cigarettes into
these boxes that has caused all the issues. By having a poor
mixture of medical and tobacco regulations, we have regulations
that are simply not fit for pur pose.
Consistent doses cannot be guaranteed, as the users “self-titrate”
to achieve their desired nicotine dose. Placing a product on the
market but then not allowing it to be marketed doesn’t make
sense, and where are the reasons to limit container size or cap
nicotine strength at 20mg/ml?
Nothing is completely leak proof or unbreakable, nothing is
completely tamper proof and nothing is totally childproof. Most
of all, how can anything ensure leak free refilling? We can make
filling without spills possible, but much like fuel pumps at a petrol
station, there will always be the potential for people to pour
fluid onto/into something other than their e-cigarette tank. This
regulation more than any of the others has the potential to kill the
market.
The idea of in-depth pre-market notification for every product
presents an unrealistic financial burden for Small to Medium
Enterprises in the market sector, as they tend to have the widest
product ranges.
The TPD will change the face of vaping. Simple starter kits will be
all that is left on the market. Everything else will probably be
non-compliant and therefore illegal. Please support the Totally
Wicked legal challenge to try and prevent this. More information
can be found on this website- http://article20legalchallenge.com
ARTICLE 20
48 AUGUST 2015 VAPOUROUND MAGAZINE