Vapouround magazine ISSUE 22 | Page 45

products are going to start to come undone as notifications and the TPD move away from just the administration to an age of complexity. We are seeing the age of enforcement and scrutiny upon us. Just in the past five or six months we have engaged in some pretty rigorous toxicology assessments for compounds that are critical to some successful flavours, but on the face of it may be banned. By engaging in highly detailed toxicology reports that look at the overall exposure from various vaping patterns, metabolism of the products systemically and in the lung, and excretion of those metabolites, we have been able to look at the safety of certain compounds and set detailed exposure limits. This has always been part of toxicology assessments but the detail of these reports is now extremely advanced and the methodology has been presented at the Association of Inhalation Toxicologists (AIT) conference in the US. We are also doing the same for degradant products as although this has some distance to go, the regulators are taking a strong interest in moving beyond reporting and looking for high peaks but start to put real safety protocols together. My concern is that as the regulations mature, the requirements for compliance will become increasingly complex and many companies will not have the regulatory experience to manage the situation. The industry has fallen into the trap of viewing compliance as a one-hit task, rather than an ongoing responsibility. KEY REGULATORY SHORTCOMINGS AND ENFORCEMENT These are the key regulatory shortcomings we keep seeing: So we have been updating the technical files for a number of our customers and re-submitting products. There was a minor difference in how they want the branding and sub-branding submitted, including nicotine strengths, so we have been updating those at the same time. All-in-all, if you’re in Belgium you need to be checking your submissions and probably updating them. COMPLIANCE IS NOT JUST BOX-TICKING. · PACKAGING NOT BEING CORRECT, FOR BOTH CLP AND TPD · NOT NOTIFYING MULTIPACKS UNDER THE TPD · PUTTING OUT PODS UNDER THEIR 10ML NOTIFICATIONS At ADACT, we have seen quite a bit of enforcement action in the past few months, on untested short-fills, online retailers breaching pack sizes, lots of branding issues with passing off and appealing to children and devices not being notified, RDAs in particular. So, if you think these might apply to you and your business, now’s a good time to get things sorted. For more information on any of the topics covered in this feature, contact ADACT Medical on +44 1302 98 60 88 or email [email protected]. For more information about ADACT Medical, go to adactmedical.com We have been saying it for years. Although it’s obviously self-serving advice for us, that compliance is not just box-ticking, the initial submission of notifications was fairly formulaic and we have seen quite a few low cost operators out there offering compliance on the cheap, or companies cobbling together toxicology data where they can and fudging together notifications. However, some of those VM22 | 45