It’s now a year on from the date (May 20th 2017) by which all vaping and e-cig device manufacturers and vendors had to comply with the changes set out in the EU’s Tobacco Products Directive 2014 (TBD). So now the dust’s settled and the new legislation’s in force, let’s take a look at what the whole thing is and what it means the present and future looks like for the vaping industry…
What is the TPD?
First things first; the Tobacco Products Directive 2014 is a slice of European Union (EU) legislation designed to make lawful changes to a number of aspects of smoking regulation. It covers then manufacturing, sale and presentation, which includes product design and packaging of all tobacco products and related products. So, that means it covers all aspects of smoking (including, for right or wrong, vaping and its products):
- Traditional Cigarettes
- Roll your own tobacco
- Cigars
- Pipe tobacco
- Smokeless tobacco products
- Herbal products designed for smoking
- Electronic cigarettes and related products
What does it mean for vapers?
Article 20 of the TPD is what relates to vaping, vapers, e-cig devices and e liquid. The main points to be aware of are:
- Limiting the size of e-liquid containers – (“[EU] member states must ensure that nicotine-containing liquid is only placed on the market in dedicated refill containers not exceeding a volume of 10 ml, in disposable electronic cigarettes or in single-use cartridges and that the cartridges or tanks do not exceed a volume of 2 ml”)
To comply with this, all bottle sizes are now reduced to 10ml or less; this may mean price increases for the consumer as the cost of packaging has more of an impact on the manufacturer’s costs.
- Limiting nicotine content in e-liquids – (“Member states must ensure that the nicotine-containing liquid does not contain nicotine in excess of 20 mg/ml”)
This does limit choice; for vapers who were used to liquids over 20mg, it means they may now have to vape more and thus spend more.
- Packaging to include warning leaflets – (“Member states must ensure that ‘unit packets of electronic cigarettes and refill containers include a leaflet with information on; [i] instructions for use and storage of the product, including a reference that the product is not recommended for use by young people and non-smokers; [ii] contra-indications; [iii] warnings for specific risk groups; [iv] possible adverse effects; [v] addictiveness and toxicity; and [vi] contact details of the manufacturer or importer and a legal or natural contact person within the Union”)
For vapers alone, this could mean eventual price increases, as manufacturers have to produce leaflets for inside every box, in addition then to always producing boxes to include the leaflets.
- Packaging safety – (“Member states must ensure that ‘electronic cigarettes and refill containers are child and tamper-proof, are protected against breakage and leakage and have a mechanism that ensures refilling without leakage”)
If this law is enforced to the ‘nth degree’, it would mean refillable devices are no longer permitted due to the risk of spillage; thankfully this doesn’t appear to be the case… at least yet
- Consistent dosage of nicotine – (“Member states must ensure that electronic cigarettes deliver the nicotine doses at consistent levels under normal conditions of use”)
Maximum volume of nicotine-containing e-liquid for sale in one refill container is now restricted to 10ml, so top-up solutions are your friend…
- Advertising – (“Commercial communications in information society services, in the press and other printed publications, with the aim or direct or indirect effect of promoting electronic cigarettes and refill containers are prohibited, except for publications that are intended exclusively for professionals in the trade of electronic cigarettes or refill containers [...] any form of public or private contribution to radio programmes with the aim or direct or indirect effect of promoting electronic cigarettes and refill containers is prohibited. Purely domestic advertising (e.g. in cinemas and at point of sale) cannot and will not be banned by the EU”)
Essentially, for vapers, this means that no adverts of any form will put vaping in the same bracket as traditional cigarettes.
