So regulation dodging disposable vapes are hogging the news right now.
I wrote a few weeks ago about the Elf Bar situation where TPD regulated vapes were found to contain more than the 2ml limit of nicotine e-liquid.
This was blown out of proportion in a massive way – making out this was a super dangerous situation.
What really happened is that lucky purchasers basically got 50% extra free! If this was a bottle of Shampoo or Washing Up Liquid you would feel pretty chuffed!
UK TPD Regulations
The TPD (Tobacco Products Directive) requires…
- e-cigarette tanks to a capacity of no more than 2ml
- restrict the maximum volume of nicotine-containing e-liquid for sale in one refill container to 10ml
- restrict e-liquids to a nicotine strength of no more than 20mg/ml
- require nicotine-containing products or their packaging to be child-resistant and tamper evident
- ban certain ingredients including colourings, caffeine and taurine
- include new labelling requirements and warnings
- require all e-cigarettes and e-liquids be notified and published by the MHRA before they can be sold
So in the case of Elf Bar some devices were analysed and found to contain more than 2ml of nicotine e-liquid. Not remotely dangerous but still not within regulation.
Unfortunately these devices dodging regulations brings negative publicity to vaping and also impacts our arguments about how well regulated vapes are in the UK.
More Devices
There seems to have been more issues along these lines. There are new reports of further devices not meeting the regulations for sale in the UK.
An article on The Grocer website states that some SKE Crystal vapes are also proving to be non compliant.
Plus the Daily Mirror states that the Double Apple Lost Mary disposables (a branch of Elf Bar) were found to contain around 3.6ml on average. Sainsbury’s and Asda have reportedly removed the product from sale.
Responses
Various agencies have issued statements regarding these TPD breaches.
Trading Standards
The CTSI (Chartered Trading Standards Institute) issued a statement which includes the following…
“While there is no definitive health risk to using non compliant vapes, the MHRA strongly advises consumers not to use them as them as the true content is unknown, along with any possible health risks. “
It appears that local Trading Standards agencies are struggling as they do not have enough resources to cope with the additional work.
“Trading Standards teams are working to address reports of noncompliance but we are spread very thinly enforcing laws on a range of issues from food standards to product safety. We need more boots on the ground to help enforce regulations, and advise businesses. “
Also they call for tougher penalties for those who are not complying with the law.
“We should toughen up the sanctions available for those producers, suppliers, retailers who don’t comply with the law. For example, there are trials in place that could be extended to TS (Trading Standards) teams to issue restorative justice sanctions which would entail suppliers paying for the costs of Local Authorities to seize and then dispose of noncompliant vapes. These costs should not be borne by Local Authorities but by the importers, distributors and suppliers of vape products.”
Our Lead Officer, Kate Pike, was on BBC Breakfast this morning discussing issues around non-compliant vapes flooding the UK market since their actual content and any possible health risks are unknown.#TradingStandards #Vapes #BBCBreakfast pic.twitter.com/zGucbn4P6t
— Chartered Trading Standards Institute (CTSI) (@CTSI_UK) March 10, 2023
UKVIA
The UKVIA (UK Vaping Industry Association) have backed the statement from the CTSI and also released a statement of their own.
“We share the CTSI’s concern over the growth in illicit and underage vape product sales and fully support their call for more resources.
“We also agree wholeheartedly that restrictions need to be explored to address youth vaping without impacting on adult smokers who wish to switch to vaping in order to quit their habits.”
They suggest policies which could help police the sales of vapes in the UK…
- On-the-spot fines of up to £10,000 per instance for retailers who are found to be selling to minors and for selling illicit products,
- a national registration scheme for all retailers meaning only those outlets that meet qualifying criteria can legally sell vapes and
- a national test purchasing scheme which will ensure constant monitoring of retailers’ selling vapes to ensure that they are not turning a blind eye to purchases involving minors.
The UKVIA also recognise that Trading Standards are woefully under resourced and state…
“Critical to the success of our proposals will be a ramping up of enforcement and this requires major funding in resources on the ground.
“By Trading Standards’ own admission, resources are sadly lacking and the government needs to step in and look at this situation as a matter of urgency. Our proposals are designed to support this funding need as monies will be raised from the fines and registration scheme.
“We will be presenting our proposals to Government and parliamentarians at the end of March.”
In light of the recent Chartered Trading Standards Institute (CTSI) statement on non-compliant vapes in the marketplace, the UK Vaping Industry Association has issued the following response:
💬 “We share the CTSI’s concern over the growth in illicit and https://t.co/NJfbCgE0E3… https://t.co/VLZjpSqavx pic.twitter.com/nGplu1jvZZ
— UKVIA (@Vaping_Industry) March 13, 2023
IBVTA
The IBVTA (Independent British Vape Trade Association) have also released a statement on the situation.
“The IBVTA does not condone products that are non-compliant, however immaterial this is to consumer safety.”
They believe that the current TPD regulations should be reviewed but also believe the UK has a great regulation system.
“The responsibility of producers to adhere to the regulations in the strictest fashion is imperative. Retailers must also ensure that they only stock notified products, safe in the assumption that the manufacturer is delivering a product which meets the necessary regulatory requirements. Whilst many distributors are now implementing their own due diligence checks, which will add a further level of scrutiny, it remains the primary responsibility of the notifier/producer to ensure they strictly adhere to the regulations.”
The IBVTA are also aware how this adds to the bad publicity and is ammunition for Anti-Vaping sentiment.
“Notwithstanding all of this, the IBVTA is becoming increasingly concerned that the tobacco industry and its affiliates are using this minority non-compliance to build a narrative that the independent vape industry cannot be trusted. Furthermore, we are concerned about the way this is being done; at times using incorrect terminology for enforcement actions, overstating the risks associated with over-filled products, and misrepresenting the remits of regulators, enforcement agencies and industry players.”
I found this to be the case in the media reports of the Elf Bar situation – it was reported on by people who couldn’t tell the difference between tank capacity and nicotine strength and therefore inaccurate / confusing messages were distributed.
The IBVTA does not condone products that are non-compliant, however immaterial this is to consumer safety.
You can read our statement on the recent media reports of over filled #vaping products here:https://t.co/NW22jEELcg
— IBVTA (@TheIBVTA) March 21, 2023
We share the CTSI’s concerns about non-compliant products’ lack of suitable market surveillance, and their association with youth uptake of #vaping
Read our full statement here: https://t.co/PDSkstMyBE pic.twitter.com/f8YEmD6uiV
— IBVTA (@TheIBVTA) March 10, 2023
Technically, you got 50% extra with the Elf Bar, that’s right.
And, we can easily say that the Elf Bar was a trifle blown up in the clouds by the newspapers, but where do we draw the line between what is technically okay and what is not okay?
UK has guidelines and laws, it shouldn’t be difficult for a serious player like Elf Bar (Geek Vape) to follow them, there are others who have no problems at all with following the English standard.
Breaking any of the regulations is bad, it shouldn’t happen. It makes a mockery of our argument of how well vaping is regulated in the UK.
However the shoddy reporting in the media was making out it was hugely dangerous and almost poisonous – which was not the case at all.
Yep, of course the newspapers made an issue out of the fact that elf bars sold disposables that had more juice than legal in the UK, but it is a bit connected to illegal sales in general.
They would hardly have mentioned elf bars if it hadn’t been for the fact that small children can obviously buy disposables somewhere. Typically journalists if they have a case is to blow it up to the clouds.
Now I can’t quite remember what Elfbar said in defence, I do remember that I wasn’t very impressed by them.
We as vapors, we need guidelines to be followed, for sales to be made to people of legal age, then we are, in the eyes of a politician, on the right track.
When the politicians see the children walking around with disposables, I can assure you that we are talking about when disposables become completely illegal.