Vapouround magazine Issue 01 | Page 50

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