The Tobacco and Related Products Regulations 2016 draft is the UK version of TPD2 that explains how e-liquids and e-cigarettes will be regulated in this country.
- “This product contains nicotine which is a highly addictive substance” covering 30% of the front and back surfaces when the unit pack is closed, being front and back the largest surfaces.
- There is no legal requirement on the positioning of the general information and warnings. Other labelling requirements that apply to refills will continue to be explored.
Cross border distance sales are allowed
- All retailers that intend to sell in the UK will need to register with the Secretary of State.
- Businesses will have to operate an age verification system that confirms unambiguously the consumer’s age.
- Manufacturers can specify what they consider confidential information when they submit the notification so it is not made publically available.
- If the business is aware of any adverse event, it has the obligation to report to the competent authority (MHRA)
- There will be notification fees to cover the MHRA costs of processing and storing the notifications. The consultation process to provide comments on the set amounts finalised last January 29th. The proposed fees are per notification and per product.
- £220 notification fee
- £110 modification fee
- £60 annual fee
The UK has not banned completely the advertising of e-cigarettes and e-liquids. The table below shows the types of advertising that will be allowed once TPD2 is enforced.
|Media type||UK legislative position|
|Company’s own websites, and other non-paid-for online space under their control||No advertising or promotion but factual information about products, factual ‘how to’ videos permitted.|
|Retailer sites||No advertising or promotion but factual information about products, factual ‘how to’ videos and sales lists permitted.|
|Blogs/tweets/independently compiled, non-paid for reviews||Permitted|
|E-cigarette trade press and trade to trade communication.||Permitted|
|Cinema, fax, outdoor posters, posters on sides of buses (not travelling outside of the UK), leaflets, and direct hard copy mail.||Permitted|
- Sell through period until May 2017, however, non-compliant products can only be manufactured until 20 November 2016.