NEWS
S
IE
T
L
A
N
E
P
FOR FAILING TO COMPLY
WITH THE TPD
In the UK the provisions of the Tobacco Products Directive (TPD) are set out in
The Tobacco and Related Products Regulations 2016.
The Regulations set out where the law stands regarding the manufacture and
sale of tobacco products including e-liquids and e-cigarettes.
They also show the penalties which can be imposed on individuals or
businesses who are convicted of an offence under the new laws which come
into effect from May 20.
According to Section 46 of the Regulations, those convicted of an offence
contrary to The Tobacco and Related Products Regulations 2016 can be jailed
and/or fined.
If prosecuted in a Magistrates’ Court in England and Wales, the offence will
carry a jail sentence of up to three months and/or a fine. Those convicted by a
Crown Court can be jailed for up to two years and/or fined. No information has
been given on to the amounts people can be fined.
Business owners, business partners, and company executives, such as
directors, company secretaries or company managers may all be held
accountable under the Regulations.
In any proceedings for an offence under the Regulations, it is a defence that
the supplier exercised all due diligence to avoid committing the offence.
However it won’t be enough for the defendant to say that they relied on
information provided to them by a third party unless they can show that it was
reasonable to have relied on that information.
14 ISSUE 04 VAPOUROUND MAGAZINE