Is Your E-Cigarette TPD Compliant? Here’s How To Find Out… And what it means for you

Is Your E-Cigarette TPD Compliant? Here’s How To Find Out… And what it means for you

05/05/2017

TPD Compliance - TPD Regulations - TPD Sale

For those of you who battled the EU over vaping laws - a battle which ended in a messy compromise, the term TPD has become part of our vocabulary.

If you have not quite worked out how it will affect you or if you’re new to vaping, you might well be finding it confusing. So in plain English,here’s an explain of what the TPD is, how it affects you, and whether your e-cig is TPD compliant (or if it matters).

What is the TPD?

TPD stands for Tobacco Products Directive. Although designed to regulate the tobacco industry, the bill also deals with electronic cigarettes. You can find the e-cig specific regulations in Article 20 of the TPD.

TPD Article 20 has become the basis of new UK vape laws and regulations.


Companies which notified the MHRA (The Medicines and Healthcare Products Regulatory Agency) about their existing products were allowed an extra 6 months to sell through all their stock - But that extra time ends on May 19th 2017.

We tested, submitted and notified the MHRA of all our UK E Liquids prior to the 19th of November 2016 and have therefore been selling TPD Compliant liquids for the last 6 months – probably well ahead of the rest of sellers.

What does the TPD mean for vapers?

Here’s a summary of some of the key points most likely to affect vapers.

10ml Limit On E-Liquid
The maximum size for e-liquid in a single bottle is now 10ml. It is illegal for any supplier to sell anything larger.

How will it affect vapers?
This may have an effect of putting prices up slightly due to economies of scale in packaging (it costs more to produce three 10ml bottles of e-liquid than one large 30ml bottle). We have tried to keep our prices as low as possible and always have Offers and Promotions for our customers

2ml Limit on Tanks
Yes all tanks, Clearomizers, Cartridges and whatever else they're called -the bit that you put your e-liquid in can only have a maximum capacity of 2ml.

How does it affect vapers?
It will mean users will have to refill their tank more often and if your “out and about” probably have to carry a bottle of eliquid around with you.
This will be frustrating for cloud chasers and heavy users, as it means all-too-frequent refills
.
2% or 20mg/ml limit on nicotine levels
The maximum nicotine content of any e-liquid sold in the UK (and throughout te European Union) is now 2% or 20mg/ml.

How does it affect vapers?
This will make it harder for new vape users to switch as they generally prefer (or need) a higher nicotine content. It also makes things difficult for around 200,000 vapers who prefer higher level nicotine.

At TPD levels, the nicotine in e-liquid doesn’t carry any significant danger for vapers - nor did it when you could get 24mg, 30mg and even 36mg.
However, improved vaping devices are going a lot more efficient at extracting nicotine from e-liquid.

Extra packaging
All e-liquid must now come with warning labels. In practice, in most case this means that most e-liquid bottles will now come in boxes, as there is not enough room on the bottles for the warnings.

You may have seen our new packaging with the Nicotine Warning Label and eliquid information insert.

How does it affect vapers?
This has more of an impact on suppliers and the environment than on actual vapers. It does mean an increase in the amount of packaging. This has had packaging suppliers racing to produce enough material to repackage every e-liquid bottle in the UK, and in some cases has caused supply shortages.

Here's a handy table for you...

Extra packaging
All e-liquid must now come with warning labels. In practice, in most case this means that most e-liquid bottles will now come in boxes, as there is not enough room on the bottles for the warnings.

You may have seen our new packaging with the Nicotine Warning Label and eliquid information insert.

How does it affect vapers?
This has more of an impact on suppliers and the environment than on actual vapers, although the increase in the amount of packaging has created a small increase in costs.

Six months notification period
Officially new products must now be notified six months before they are allowed to be sold. However, it is possible to sell them before six months if the MHRA approves submissions early. You may see some vaping products that state they are "TPD Notified", although we are not quite sure what this actually means in practice.

How does it affect vapers?
We see this as slowing down the pace of innovation, and making it more difficult for new suppliers to come on to the market.

All E-liquid must undergo emissions testing
Another major step for eliquid manufacturers is that the TPD requires each eliquid flavour and each strength and each PG/VG blend to be tested for harmful emissions and the analysis be submitted to the Medicines and Health products Regulatory Authority (MHRA) for approval. A flavour with 5 strengths and 2 blends would be 10 submissions and each submission carries a hefty fee too.

Having e-liquid tested, even imperfectly, is better than no testing. It also levels the playing field between responsible manufacturers and cowboy suppliers and does ensure that you are getting quality, approved juice.

How do I know if my e-liquid is TPD compliant?
TPD Compliant E-Liquid is:

  • 10ml bottles
  • Child-proof and tamper evident caps
  • Contained in a box
  • Comes with a warning leaflet.
  • The nozzle must be at least 1 cm long, and emit no more than 20 drops a minute
  • All e-liquids must have an ECID (European Community Identification Number) and be registered on the MHRA website.
  • Comes with a warning stating: “This product contains nicotine which is a highly addictive substance”

Apart from the MHRA notification, these are all just clues. In theory it wouldn’t be too difficult for someone to copy all this without notifying the product to the MHRA or carrying out testing.

However, you can check to see if your e-liquid (or tank) is registered with the MHRA.

To do that:

That will download an excel file with every vaping product that has currently been submitted to the MHRA. It’s not always easy to find the exact e-liquid/supplier you are looking for as many manufacturers use Trade Names for the liquids (and vaping hardware). You will find our UK E Liquid under “EOS Leisure Limited”

How do I know if my tank is TPD compliant?
TPD compliant tanks:

  • Can only have a maximum capacity of 2ml e-liquid.
  • Must have an ECID and be registered on the MHRA website.
  • Come with a warning label stating that: “This product contains nicotine which is a highly addictive substance”

As tanks don’t contain nicotine until they get in your hands, Trading Standards advise a second warning that essentially warns that the first warning is incorrect:

“The following warning applies when the product is used with e-liquids containing nicotine.”

However, many products which have been submitted do not yet have this second warning.

The atomiser in compliant tanks will also have undergone emissions testing. The only way to check this has been done is to look up the atomiser on the MHRA site.

So what about replacement Atomizers (coils or whatever you call them) for your existing Tanks?

Possibly a grey area, but some manufacturers have submitted their atomizers to the MHRA, some may not have. We suspect that older style coils will become hard to find or be illegal to sell after the 20th of May 2017.

Our advice would be to check if your atomizer is TPD compliant or not. If it's not get a big supply in before the 20th of May or consider changing your tank to one that is TPD compliant.

What about Mods and Batteries?
Don’t worry – mods and batteries are not included in the TPD.

The only problem we see is that using your high powered battery on a 2ml capacity is going to mean a lot of refilling of liquid !!!

What’s going to happen to current vape products?
If you’ve been vaping a while, it’s clear that a huge range of tanks and the atomizers/coils for those tanks will not be compliant.

Some have been redesigned for the TPD, but many will disappear from the (legal) marketplace.

Fortunately, there are some great new products coming on the market. Initially, the product range may be limited but you’ll probably see the range expand rapidly.

Is everyone going to comply with the new e-cig regulations?
Probably not, at least initially. There are plenty of shops out there that are breaking existing e-cig regulations (mixing e-liquids in their shop, selling to under-18’s etc...)

The word on the street is that Trading Standards is taking it easy until May 20th, but at some point we’ll see some kind of crack down, as we’ve seen with other e-cig regulations.

The big question is whether Trading Standards has the resources to police the TPD effectively. Probably not, but with some companies making huge investments into compliance, you will see a lot of industry self-policing. If you know of a seller of Vaping Supplies who isn't complying you can report them here: whistleblower@mhra.gov.uk

Does it matter if your tank or e-liquid is compliant?
Yes and no - Don’t you love a simple answer !!

Much of it intensely irritating – and seems designed to deliberate hinder both vapers and vape businesses.

However, e-liquid testing should be reassuring. The chances of getting something harmful in e-liquid will be reduced (and testing from existing e-liquid has been very reassuring).

You will still be able to use you old tank, but getting repalcemnt parts for it, and in particular the atomizers/coils may become very difficult. At some point in the future you will probably have to invest in a new tank - there not that expansive.

Another concern you might have with non-compliant products
The sort of seller deliberately flouting the law and selling illegal tanks and e-liquid is also the sort of seller who probably doesn’t care much about quality, safety and your health.

TPD SALE - TPD SALE - TPD SALE

We've been working down our stock of "non TPD compliant" equipment - here's a page of everything we've got left and it's on offer. So here's your chance to get a great piece of kit or spares at seriously low prices - with an EXTRA 20% OFF when you use Coupon Code: TPD20. But hurry - we can only sell these until the 19th of May and they will be on a first come first served basis with limited stock.

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