Tobacco Products Directive Regulates Ecigarettes in the EU

Filed in News & Politics by on March 6, 2014

eu ecigarettes While we’re in the US, patiently waiting for the FDA to release their pending regulations on ecigarettes, the EU is moving full speed ahead. On February 26, 2014, the European Parliament formally ratified the revised Tobacco Products Directive, which governs the manufacture, presentation, advertisement and sale of tobacco products (now including e-cigs) in the European Union.

It’s been a long road for ecigarettes in the EU; but, things are about to start shifting. Once the Council of Ministers adopts the revised directive, the new rules will come into effect – this should happen by May 2014.

This is a victory,said Linda McAvan, the rapporteur who led negotiations and is a current member of the European Parliament, “The original proposal was stricter, and I would have voted for that, but the new law is anyway a huge step forward in tobacco control,” she added.

What does this mean for ecigarettes? We compiled a detailed list of the new rules that relate to e-cigs:

– These rules only apply to products that contain nicotine
ecigarettes eliquid– There will be a maximum nicotine concentration level for all e-liquid products
– There will be a maximum volume of e-liquid within any container, including flavor cartridges, bottles and tanks
– E-liquid containers (including flavor cartridges, bottles and tanks) must be child and tamper-proof, and they must be protected against leakage
– E-liquid manufacturers will be required to disclose all included ingredients and their concentrations, and comply with specific quality standards
– Nicotine delivery must be consistent (each puff should deliver roughly the same amount of nicotine as the last)
– Packaging must include health warnings and information about the addictiveness and toxicity of nicotine
– Packaging must include a list of all ingredients in the e-liquid, as well as information about the nicotine content
– Advertising restrictions for tobacco products will also apply to ecigarettes
– Ecigarettes will not be classified as medicines or marketed as tools for smoking cessation; they will remain consumer tobacco products

Additionally, electronic cigarette manufacturers will have to report annual sales and customer data to EU Member States; allowing policymakers to monitor new developments in the industry. A press release from the European Commission stated, “The information collected will provide a good overview of what additional legislative action, if any, is required [for e-cigarettes], and the Commission will revisit the issue if necessary.” Future revisions aren’t out of the question.

According to the New York Times Editorial Board,

These rules strike a good balance. Smokers who want to [switch to] electronic cigarettes will still be able to do so with the knowledge that the devices are not contaminated and do not contain excessive, harmful doses of nicotine. At the same time, the marketing restrictions should make it less likely that they will be used by children.

We couldn’t have said it better. At V2 Cigs®, we take pride in our high standards for quality control and responsible manufacturing. Our published lists of e-liquid ingredients are available for download on our website. We are members of the We Card program and actively enforce age requirements, both online and in all retail locations. To put it simply, we look forward to whatever regulatory decisions the FDA hands down; hopeful that our rigorous self-regulation will one day be the rule, not the exception.

Want the rest of the story? Click here to read about the October negotiations and here to learn about the follow-up in December.

You can also read a list of “mythbusters” about the new electronic cigarette legislation (created by the European Commission)

You know we’ll keep you updated of any new happenings! What do you think of the EU’s decision to regulate ecigarettes?

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Comments (3)

  1. Bill says:

    For the most part, I agree with what they are proposing. While vaping nicotine truly isn’t “toxic,” nicotine in its liquid form can be quite toxic, hence the warnings. The only part I really don’t like is still considering an e-cig a “tobacco” product. It’s not. There’s no combustion and is not used like a “tobacco” product. In the USA, that would just open a door to outrageous taxation of these products!

    What I like the most about the proposition is that it does not pertain to 0% nicotine items. They are exempt from those regulations, as they should be.

    All in all, I feel that it’s a good step that will help to calm the “busy bodies” without infringing upon vapers or the companies marketing the products. I know this is only in Europe, but I would agree to that list if it was in the USA.

  2. Tom Pruen says:

    Sadly, all is not as it appears, and some of the myths busted by the EU are in direct opposition to what the TPD text actually says. Probably the most dramatic example being this:

    ““Why regulate a product that doesn’t even contain nicotine?”

    The Directive only covers e-cigarettes which contain nicotine. ”

    TPD text:

    “‘electronic cigarette’ means a product that can be used for consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges;”
    Since the same hardware is used regardless of nicotine, it’s pretty evident that the European Commission do not understand what the law they have just helped write actually means.
    It’s also worth noting that nicotine solutions in the EU are already required to be supplied in child resistant, leak proof containers labelled with prescribed (and abundant) warnings and safety advice warnings, which are actually watered down by the TPD.

  3. Christopher Smith says:

    Well personally if the FDA was to apply these rules I would agree. Lets be honest even if they retrict flavoring in nicotine e juice, a consumer could mix in flavoring from a e juice with no nicotine. That would be no different the a smoker flavoring their tobacco after buying it. I smoked a pipe and analogs for 19 years and have been electronic for 6months now and will never go back. I can say that because I don’t get the erge to vape when I smell an analog, unlike a large number of ex smokers that I know who still get that erge when they smell a cig. The vaping allows you to reset the brain conecting nicotine with other smells and flavors and then reducing as the body craves less. Started at 2.4 mg now down to 6mg and about to mix down to 3 mg and vap that along side 0, then go to none.