We all know that the rules of vaping electronic cigarettes is set to change in May this 2016 across Europe, but what are these changes? The following should help clarify Ecig Legislation May 2016….
EU’s ban of e-cigarettes.
The first EU Tobacco Products Directive (TPD) was released in 2001, aiming to reduce tobacco amongst the younger and under aged generation. In 2014, behind the scenes, it was decided to add electronic cigarettes to this tobacco directive to allow regulation of these devices by classifying them as tobacco related products. After many failed attempts to get a majority to agree on the new revision to include e-cigs, these new regulations were bunched together with several other proposals such as plain packaging, tighter age restrictions and larger health warnings for tobacco cigarettes to finally get enough votes for it to pass.
The newly revised Tobacco Products Directive (TPD) also proposes to regulate e-cigarettes as a tobacco related product. These new rules to be implemented across EU member states will specify how tobacco related products (included e-cigs) can then be sold, presented and manufactured. The new directive will come into force on a closing date of the 20th May 2016.
A list of new upcoming laws that the TPD require all member states (including the UK) to abide by include:
The maximum of a 10ml size refill container of nicotine and liquid.
The maximum of a 2ml size cartridge or tank should not exceeded.
The maximum amount of nicotine strength is also being limited to 20mg, which is about the same strength of a strong cigarette.
E-cigs and refill containers must ensure they are leak free of any liquid.
Manufacturers will also have onerous testing, reporting and monitoring obligations. Advertising the products will be prohibited.
A manufacturer or supplier will need to inform the regulator of every new product six months in advance, while every change also needs six months’ of notice.
E-cigarettes must also provide a consistent dose of nicotine.
If a “competent authority” believes any product may present a health risk they may be prohibited.
If 3 member states prohibit a product this can then be extended to a whole EU ban.
Let’s break this down…
So the “refill” bottle cannot be over 10ml? People can still buy 25 x 10ml bottles in one order if they wish. This seems strange as our customers still receive the same amount of eliquid, only with extra packaging. If people can buy multiple bottles at once, why not allow 30ml and 100ml sales to cut down on packaging and extra damage to the environment?
The new legislation states “liquids containing nicotine” has a max size of 10ml. Does this exclude 0mg eliquid? Is that not regulated the same way? What about eliquid ingredients sold separately? Eliquid is being limited to 10ml, I doubt ingredients for eliquid are being treated the same way. Soon you cannot buy 30ml eliquid, but there will be nothing stopping you ordering 1 litre of VG, 1 litre of PG, loads of flavourings and a 10ml bottle of pure high concentrated nicotine. Separating the ingredients for this loophole may be a good way for eliquid vendors to sell higher quantities. EDIT: We now know in 2017 liquids not containing nicotine are not included in the TPD directive, so larger bottles of 0 nicotine are available. 10ml 18mg nicotine boosters (or nicotine shots) are also becoming available.
2ml max tank capacity??? This is one of the most ridiculous laws to be coming into play. They want to make the whole ecig completely leak proof even when refilling. Some ecigs like the nebox from kanger have a leak proof tank integrated into them, but at a 10ml capacity it is 5 times greater than that of the new legal limit and therefore will be illegal. Nothing is wrong with this device and it saves you refilling constantly, yet with a 2ml maximum capacity the vaping community will have to refill the tanks 3-5 times more often, therefore increasing the chances of spills- the whole point of bringing a leak proof e-cig into law anyway.
The nicotine strength is going to be limited to 20mg which makes sense, that’s the same strength as a strong cigarette and actually quite high in eliquid circles. Companies will probably end up offer a maximum of 16-19mg to ensure that they are definitely not exceeding the 20mg maximum. How will this affect people who mix their own juices in the first place though? Can they still buy high concentrated pure nicotine separately greater than 20mg? EDIT: We now know in 2017 any liquids containing nicotine will be limited to 10ml and 20mg.
It’s not just 2ml capacity that will affect tanks either. ALL tanks must be leak proof and also feature leak proof refilling, which again means 95% of all current tanks to become illegal. If this wasn’t bad enough just consider that the tank will also need to be “tamper-proof”. This means no more drippers, rebuildable atomizers or specialist builds. Ecigarettes will also be greatly affected. The law expects all ecigs to provide “the same vapor produced with every use”. Does this mean that ecigs will have one power option only? If this is correct variable voltage devices may be a thing of the past, to allow the device to output the same wattage and ohms with every vape. A lot of us know that some eliquids are vaped best at differing power outputs to other eliquids. Having one power output only means eliquids will not taste very good if the power cannot be altered to its optimum flavour and vaping point. EDIT: We now know in 2017 drippers have not been included in TPD (but still a grey area) as they do not have a capacity, only what a very small well and some cotton can hold, but 2ml+ RTA’s have indeed been banned. Variable wattage devices have stayed with us, thankfully.
Mechanical mods will also become illegal as controlled circuits will be compulsory with many safety features included. Manufacturers of ecigs will have to adopt rigorous testing of every new device and wait 6 months before its release if it passes the testing stage, which may put that product behind new and exciting technology already on sale. EDIT: Now in 2017 it seems mechanical mods were not considered under TPD, other than nicotine Addictiveness warnings required on the packaging. Mech mods, like drippers, remain a grey area but not yet considered by TPD.
Vendors and manufacturers of ecigs will have to bend over backwards when the new law are introduced. Information has come to light showing that eliquid may be put through rigorous testing before it is able to go on sale, the same as ecigarettes. Any changes issued to the flavour and variable of an eliquid must be analysed 6 months in advance of its desired sale date to prove it doesn’t cross any laws, the analysis of the vapour and liquid itself will be carried out, giving full evidence that there are no dangerous chemicals produced throughout the whole vaping experience. This itself will be costly, slow, and impede innovation and new products and maybe to strict for smaller companies to keep in business giving all the power back to big tobacco firms.
So how restricted will this advertising be? If it matches the laws of selling tobacco then products will have to be hidden behind a screen. Will “smoking kills” have to be shown on the label? Even with non-toxic, non-Addictive 0mg juice? Can we show our eliquid flavour on the shelf in full view or will they need covering? There are more questions than answers when it comes to eliquid advertising in 2016. We will remain hopeful but we expect a year or two of crazily strict bylaws and hastily made decisions. EDIT: 2017 now tells us nicotine warnings are required, along with much more packaging requirements, but we can at least show our products at our stores and re-sellers and not have to treat the same way as tobacco.
Another thing which springs to mind is the fact that tobacco products need a specific tobacconist license to sell them. There has been no talk about ecigarettes and eliquids needing this license but due to it being classified as a tobacco related product it may not be to long before vendor licenses are needed.
We all agree some legislation and regulation will be a weight of our minds, like knowing full well that your eliquids are pure and tested. Having the maximum of 20mg nicotine will only affect a small amount of vape users and will mean all eliquid has a low toxic impact which again is a welcomed addition.
I cannot begin to understand why they think 10ml bottle size and 2ml tank capacity is a good idea, and i’m guessing many of you cannot understand this either.
The road ahead for the small ecig business doesn’t look promising, with many products they stock soon to be illegal. Expect some eliquid and ecigarette discounts in the next 2 months as shops start to panic and lower prices. Keeping up with EU restrictions is going to potentially damage smaller companies beyond repair which will mean an end to new innovative products we have come to know and love.
I also see that a huge amount of business is yet again going to reach China from the EU as the vaporising community out there will not hang up there mods and stay lawful. They will search the internet for these illegal devices as they will still be legal in countries outside the EU and people will probably not find it hard to get them from a few clicks of a button. Only now they have to order from un-reputable sellers and risk using dangerous devices, parts and liquids. This may also be a risk to handlers (i.e postal workers) of these products as they reach there destinations. Car boot sales and Markets will be flooded with these devices attached to that is again the unknown safety of them, not to mention the fact people will be stocking up before laws come into effect.
Even though there is information regarding the sale of ecigarettes and eliquids now, not much has been said for the user caught with these upcoming illegal devices and large bottles of eliquid. Confiscation? Slap on the wrist? Fine? Nothing? Jail? NOTE: We now know it merely remains illegal to sell products outside of TPD, and there has been no legal enforcement to anyone for simply using one of these devices or tanks.
UPDATE: Now, longer than a year on from TPD May 2016, the 2017 May deadline has come and gone. Tanks exceeding 2ml have left our shelves (other than a few with TPD dodging innovative ideas) and eliquid containing nicotine are indeed limited to 10ml size and 20mg nicotine (larger bottles of 0mg juice and small nicotine boosters have now emerged to tackle the small bottle sized problem). So business go on, adapt and change to balance the ideals of giving the people what they want to buy, and doing it to still conform to EU TPD legislation. Expect many companies to produce devices and ideas over the next year that bend TPD to their will.
If you have any extra information regarding the new ecigarettes EU legislation, or have any thoughts or questions, please comment below. There may be loopholes or legislation we are not aware of so any extra info will help all our readers.
33 comments…
PaulFEBRUARY 18, 2016, 2:32 PM
Well written article that says it all in a concise manner. The legislatures probably have no clue of all the arguments above and will be under pressure from the Tobacco companies, big Pharma and some politicians who have a vested interest. Remember Thatcher was in bed with some Tobacco companies. Nicotine is only a mild stimulant and is as addictive as coffee, I personally have packed in vaping for several days while in hospital with no cravings. I am sure there is more in cigarettes than we think there must be more addictive substances in them.
Another thing I find strange is the regulation of hardware, but you can walk into any head shop or market and buy cannabis smoking paraphernalia without a problem. Even stranger there is no moves to ban cigarettes. The real problem is around the world governments have drawn down the expected tax from cigarettes up to 10 years in advance and now they are panicing because people are stopping. Also the Tobacco companies now want in to the ecig industry and will work with the government to make prices similar to cigarettes. It’s all a massive lie and I feel sorry for the grafters in the industry that have tried to keep things alive. If I can get nicotine concentrate I will be OK but what about the upcoming vapers. Such a shame.VapeGuyFEBRUARY 20, 2016, 9:46 PM
Paul
I believe, ammonia is added to cigarette tobacco. This has the affect of freebasing nicotine and make it much more addictive causing the craving that smokers suffer, a sort of crack nicotine if you will. I also believe that this done purposely by tobacco companies and I fear will quite possibly be done to any e-liquid they produce.
CrystalMARCH 31, 2016, 4:39 PM
A good read. I think it is important to note that the TPD will restrict all forms of marketing and will be treated in the same way as tobacco products. This means no more Facebook, Twitter, Instagram and other social media networks that are hosted in EU. The silver lining is that if the UK leaves the EU then the TPD would be washed away and replaced with UK regulations.
WillMAY 15, 2016, 7:48 AM
After may 20th will we not be able to order juice from us to the uk anymore?
VjuiceDoctorMAY 18, 2016, 7:39 PM
I am not sure about importing from the US, but we have got 12 months to comply with 2016 TPD legislation here in the UK, so large bottle sizes and high nicotine strengths are here for a while yet at least. Expect big discounts early 2017.
VjuiceDoctorMAY 28, 2016, 3:22 PM
It is a good point, and the house of lords may even turn the TPD decisions yet. The government has issued all vendors 12 months to comply with TPD so were safe for a while at least now. Expect early 2017 big discounts if TPD comes into effect.
VjuiceDoctorMAY 28, 2016, 3:28 PM
Well one good thing about TPD law is all juice will have to be examined and all chemicals produced will have to be disclosed, so to be fair I think all genuine eu made eliquid, after tpd comes into effect, will have to be completely analysed and all ingredients checked and verified. This will give people piece of mind with eliquid ingredients anyway. Companies like ours who only use safe certified ingredients from uk sources will have no problems with TPD laws, but smaller companies, or companies who use unsafe chemicals, should be banned before they are allowed to go on sale.
A.personJUNE 21, 2016, 5:47 PM
Simples, vote out 23rd June.
JohnJULY 13, 2016, 4:16 PM
I have the same questions as to the validity of these stupid regulations, they make no sense from an environmental point of view or from a sales point of view, especially when you can buy the raw ingredients and make your own juice with as high concentration of whatever that you like, its frankly absurd, i would also like to know how they are going to enforce these stupid laws, i have a coolfire 4 with a iSub V and iSub G, now, the V offers leak proof filling in the sense it has a valve that is sealed when taking the filling cap off, but i could still spill that juice everywhere, i made the leak, not the tank, and the G has to be take apart to be filled, so are the EU going to make police arrest people who are using tanks that do not conform to their stupid rules? I don’t think the police in the UK have the time or resources for that, there are hundreds of thousands of vape users in the UK, 98% are going to be using mods from before the legislation drops, what a bunch of idiots the EU council are, “smoking kills” yeah it does, thats why i switched to vaping, because its is proven to be considerably healthier….
MikeOCTOBER 17, 2016, 12:41 AM
Luckily we have left the EU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1
VjuiceDoctorOCTOBER 19, 2016, 11:10 AM
We have left the EU Mike but chances are we will still keep the same legislation. As it is designed to improve the industry and make it safer so chances are the UK will adopt it anyway. I just hope they don’t go too strict and maybe revise specifics before it comes into effect. There are other factors that may change too which will be included in an update to this post next week.
BobNOVEMBER 12, 2016, 6:44 PM
Hey there! I know this is kinda off topic but I was wondering if
you knew where I could find a captcha plugin for my comment form?
I’m using the same blog platform as yours and I’m having problems finding one?Thanks a lot!
Luke WyattNOVEMBER 18, 2016, 2:47 PM
Unfortunately Mike we won’t leave the EU for at least 2-3 years at which point this EU law will become U.K. Law automatically! Even if enough people can petition the government to raise it in parliament (won’t be difficult gating 100k signatures) more than likely take years for anything to be agreed, got through the House of Lords and then become law. So could be stuck with this law for a min of 5 years!
VjuiceDoctorDECEMBER 1, 2016, 7:29 PM
Hi Bob, A bit off topic yes but I can help. Google have there own captcha service I think they call re-captcha. Just sign up for free account. Or just install spam blocking software to the website. Hope this helps.
LiamFEBRUARY 15, 2017, 12:17 AM
So does this mean that any of the tanks I already own will become illegal? And one thing I don’t understand is that companies are going to sell extenders to make the tanks bigger. 2ml tanks that’s completely pointless. All because someone who thinks they are better than everyone else is loosing out on money. ??
Tim YatesFEBRUARY 23, 2017, 5:48 PM
I have been vaping for four years now. I never started to quit smoking but as an alternative. At that time the product was new and regulations limited. I knew as vaping became more popular more rules would be put in place and I’m sure at some point there will be taxation equivalent to that of tobacco products as the government try to fill a void in revenue as more and more people quit smoking. Cigarettes will soon only be available in packs of twenty to deter young smokers from starting or continuing as would be to expensive. Why do the opposite with eliquids! 10ml bottles would be affordable to young people, a 30ml bottle may be seen as to expensive. It makes more sense to increase bottle sizes. I buy a 100ml bottle for twenty pound and lasts several weeks. I find it very puzzling!
EmmaMARCH 24, 2017, 1:57 AM
It’s like going back to the dark ages, completely mad! I mean we are not smoking, we are vaping for one thing and that’s completely different. My choice to save myself from an early death caused by smoking cigarettes, that should be a good thing right? It’s crazy that restrictions will only drive prices higher, enable the tobacco companies to take over and eventually be buying this stuff from them! All the business and good work all the vape shops and communities will disappear. We will end up buying mods over the counter at a supermarket from someone with no clue…..great!!!! The vaping sellers wether online or in a shop have so much knowledge and totally know their stuff. We are gonna be lost without them.
Government gonna crack down on alcohol? Maybe reduce the bottle sizes to 2 ml may do the trick omg what’s going on? Vaping is safe, it’s a choice and it’s our right. I will carry on vaping, they can look at me in disgust, but I’m tobacco free…and it’s fabulous!!!!!Mark OgdenMARCH 25, 2017, 10:17 AM
I will be buying from outside eu
NmkwAPRIL 11, 2017, 10:27 AM
I have recently brought a smok osub and now discover the law will be changing. It set me back a good £70 and the tank is bigger than the 2ml what would this mean I won’t be able to get new coils when they go ?! And having to buy another vape after spending £70 … ridiculous! I use to smoke a 20 pack of cigs in 2 days but will all these regulations on e-cigs it makes me think should of I stopped smoking. The government is causing so much aggro in pretty sure vaping is better than smoking fags
DavidAPRIL 11, 2017, 4:23 PM
This is the most ridiculous legislation I have ever come across! Not only does the small juice bottle and small tank size not make any sense whatsoever, the whole thing is introducing obstacles to people who have given up or are trying to give up smoking. What are they doing? Would they prefer people to smoke cigarettes? I have mixed my own juice for a few years now and suddenly I have found that my normal suppliers no longer offer the ingredients. Vaping is the only reason I was able to give up a 40 year smoking habit and now they are trying to prevent me from vaping. It’s a ridiculous piece of legislation introduced by ignorant people who have no idea about vaping or the potential benefits to individuals or the health service. The vaping industry MUST fight against this.
benAPRIL 29, 2017, 11:20 PM
Just a note on what happens when law comes in. if u are caught selling bigger tanks and larger bottles of juice. you could face a maximum of 24 months in jail which is bleeding silly .ive read this in 4 different articles so could well be true .
John GilbyAPRIL 30, 2017, 8:10 AM
Its all strikes me as an attack on people who want to go down a cleaner, healthier route to smoking. I know its my fault for starting smoking in the first place but dont penalise us vapers for trying to help ourselves! I tried patches, Champix, willpower and self scaring (reading and images of bad cases caused by smoking) the only thing I have found that helps is vaping. They say smokers put a strain on the NHS but smokers are taxed to pay into the governments pot which is supposed to fund the NHS and other services. An alternative comes along which can help those addicted to smoking, in turn relieving the strain for the future and the gov/eu slams it! I find it very frustrating…. maybe this: A league of grumpy old men were out shopping and someone vaped in front of them and they didnt like it, so that league got together to moan and brought in legislation to hit back. Those who cant help themselves get all the help, those who can… get penalised.
LouseMAY 16, 2017, 4:27 PM
Will larger than 2 ml tanks be illegal to use as well as buy
MartinMAY 22, 2017, 9:21 AM
Can you still be fined for using a tank bigger than 2ml?
CharlieMAY 23, 2017, 7:34 PM
Will my stuff be seized before it even reaches me if I buy from aremica for example
CharlieMAY 23, 2017, 7:35 PM
America*
BrandonMAY 23, 2017, 9:20 PM
If we no longer have 10ml + over here, can we still get larger bottles shipped over without having them confiscated?
KevinJUNE 9, 2017, 11:57 PM
I think it stinks for people that get paid every two weeks because they can’t afford to keep going out and buying it this bully will make any difference saying it
LyssaJUNE 15, 2017, 5:27 PM
Hi,
The 10ml bottle and max of 20mg mic and 2ml tank excuse was first mentioned to save children from poisoning them selves by getting hold of opening and drinking the e liquid. I can see the point to a degree but on the other hand if you leave juice or your e cig laying around where a child can get it then ur being stupid. I have vaped for 4 years and have a 9yo autistic daughter. I never leave my e liquid or my tanks and mods where she can get them. They are either up high up or on my person and on top of that I have taught my daughter to not to touch and made sure she knows it’s dangerous. If you can’t do this then you shouldn’t have kids period.
Why not do the same with all other harmful products like bleach meds in blister packs ect. If you can be trusted with bleach and kids in large 2l bottles then why not with e liquid?Vjuice EliquidJULY 4, 2017, 3:26 AM
Tanks exceeding 2ml will be legal to use, no-one is going to arrest you, it’s just no retailer is allowed to sell them from within Europe.
OblitusAUGUST 16, 2017, 12:37 AM
Anyone got any updates about ordering from outside EU? Companies still shipping, just curious if people have had customs struggles? I’m ordering from US this weekend, worth a punt, as some of my favourite juice has disappeared. Plus this 10ml situation is becoming ridiculous! I recycle the bottles and little boxes personally but I just imagine how many end up in normal rubbish. Doing 50-60ml a week generates too much junk. I’m genuinely missing 30ml dropper bottles haha!
HughOCTOBER 24, 2017, 7:46 PM
Oblitus, were you able to get your e-liquid from the US? It makes me so mad that folks over there can buy 30ml of juice for the same price as 10ml here.
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