What is TPD E-liquids
The Tobacco Products Directive 2014/14/EU (TPD) refer to legislation in the European Union (EU) that was designed to improve the functioning of tobacco’s internal market, with respect to its related products. The directive was formulated to ensure they are produced with a high level of health protection for the European citizenry. The new rules introduced by the directive were targeted at electronic cigarettes and their refill containers containing nicotine. The new regulations introduced new standards that established minimum standards for quality and safety for all e-cigarettes and their refill containers or e-liquids. The regulation made it mandatory that consumers were provided with the correct information to ensure that they made informed decisions and choices. Importantly, the new regulations sought to facilitate the creation of an environment that protected and discouraged children from starting using tobacco products.
The subject matter of the new directive was designed to align its requirement with the approximate regulations, laws, and administrative provisions of all EU member states. The subject matter of the new regulations focused on ingredients and emissions of tobacco products and other associated responsibilities in addition to acceptable maximum emission levels for nicotine, tar, and carbon monoxide from cigarettes. Certain aspects of packaging and labelling of tobacco products in addition to the requirement to include health warnings was also introduced by the new regulations. The regulations on packaging and labelling also required that units of tobacco products be traceable and secured through the inclusion of features that made them tamper proof. The marketing of tobacco products for oral use was also prohibited by the new directive and the establishment of acceptable distances for the cross-border sale of tobacco products. The new direct required that producers make a notification for the introduction of tobacco products in the market. The established subject matter was meant to facilitate the smooth functioning of the tobacco and its related products in the internal market. The subject matter was to ensure the promotion and realization of high levels of human health protection especially for children and in accordance with the World Health Organization’s (WHO) Framework Convention for Tobacco (FCTC).
The enactment and implementation of the new directive will work to restrict the capacity of e-cigarette refill tanks to no more than 2ml and a maximum volume of e-liquids containing nicotine for sale for one refill container to 10 ml. The nicotine strength of e-liquids to no more than 20mg/L and require products containing nicotine and their packaging to be tamper proof and resistant to child tampering. The new regulation prohibited the use of certain ingredients that included taurine, colourings, and caffeine, the mandatory use of new labelling and health warning signs on the packaging. The new regulations require that the sale of all e-liquids and e-cigarettes should be done after notifying the Medicines and Healthcare Products Regulatory Agency (MHRA) for the case of the United Kingdom (UK) . The TPD was implemented in the UK through the Tobacco and Related Products Regulations 2016 act that also defined producers of e-cigarettes. The definition described e-cigarette producers as any entity that manufactures, imports, or re-brands any tobacco related products for resale. In accordance with the new regulations, producers are required to provide the relevant authorities with all pertinent information regarding their products to the MHRA .
Enforcement and Cooperation
The new direct was cognizant of the fact that its success was pegged on the cooperation of all member states that were party to its implementation in their various jurisdictions and pertinent to their internal provisions and laws. All member states were required to ensure that all producers and importers of tobacco and their related products to provide correct information to the pertinent authorities within the provided timelines. The obligation to provide such information was placed primarily on manufacturers and importers of all tobacco and their related products to the relevant authorities. Member states were required to ensure that tobacco and their related products complied with the new directives, failure to which the relevant authorities are empowered to take the appropriate course of action to prevent their entry into the market. The new directive made it the responsibility of member states to formulate and enforce appropriate penalties for the infringement of national and EU provisions and their enforcement. The administration of financial penalties was to be imposed for intentional infringement aimed at accruing financial advantage to the involved entity. The directive required that all member states cooperate with each other to promote the correct application and enforcement of all provisions of the directive in a manner characterized by the sharing of information necessary for its uniform implementation.