The Tobacco Products Directive E-Cigarettes Consultation Response

January 19, 2016 3 min read

The Tobacco Products Directive E-Cigarettes Consultation Response

The Eliquid Boutique - Online Vape Shop UK - How will The Tobacco Products Directive affect UK Vapers?

By Nataly Komova

Welcome to The Eliquid Boutique, an online vape shop UK. Below, we present our interpretation of Article 20 of the TPD and its likely impact on UK vapers, use of electronic cigarettes, e-liquid and you ability to buy e-liquid at an online vape shop UK. Please note that the below note is merely our opinion and you should not rely on it. We advise you to seek legal advice. 

With Article 20 of The Tobacco Products Directive due to come into effect in mid-May of this year, it is still unclear how it will impact electronic cigarettes, e-liquid manufacturers and UK and EU vapers at large. Some believe that the implementation will have a minimal impact, whilst others fear that the devil will be in the detail. Only 709 responses were made to the government during the The Tobacco Products Directive Consultation period out of a total UK population of 2.6 million.

There are still many unanswered questions raised by vapers. Will we be able to buy box mods? Will e-liquid manufacturers be able to manufacture in 30ml glass bottles for the export market? Will we be able to buy mechanical mods? At the moment, we can only speculate since the parameters of The Tobacco Products Directive will become clearer once they are implemented. With time, there are likely to be more precedents that will give us a better sense of direction.

At The Eliquid Boutique, we feel that Article 20 of The Tobacco Products Directive is inherently flawed because electronic cigarettes and vaping are two separate things and it is therefore wrong to throw vaping into that category. However, the fight is truly lost and we have to move on. Recently, there has been a flurry of anti-vaping media coverage, which seems very artificial in the light of the oncoming Tobacco Products Directive. Some news articles go as far as to imply that vaping is “very bad” for us and we should switch back to smoking tobacco cigarettes. Readers criticised such articles for their sheer absurdity, anecdotal evidence and lack of evidence to support their premises. The media should not be rushing down anti-vaping slopes or weaving vaping strawmen and then knocking them down with their tobacco money. This negative publicity comes in stark contrast to the earlier finding by Public Health England that vaping is “95% less harmful than tobacco cigarettes”.

Whilst most of us immediately begin to panic about The Tobacco Products Directive, it is not ideal but not life-threatening either. The MHRA proposes to charge around £390 for the service charge and notification and modification services. Vape Shop as well as e-liquid manufacturers will have until May of next year to sell their non-compliant stock. Nicotine-free e-cigarettes and e-liquid will not be covered and cross-border sales will be regulated by the government rather than banned. The labelling laws do not seem to be too draconian and prescriptive either, companies will have to use the shorter form labels rather the longer ones as envisioned by The Tobacco Products Directive - "This product contains nicotine, which is a highly addictive substance".

The position is still unclear with third generation and mechanical mods and seems to be a bit of a grey area. Some video reviewers have suggested that following the cooling off period, it is likely that we will see vendors selling such MODs in individual parts to circumvent the law, very similarly to Cannabis paraphernalia. For example, mechanical mods can be sold as torches since the batteries we use are designed for torches.

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