Guest Post: How the TPD will Affect Vape Shops


The Tobacco and Related Products Regulations came into force on 20 May 2016 and vaping suppliers across the UK have begun to ensure all their products comply.

The TPD regulations are technically European law, however, even with Brexit happening next year, these laws will still be in place.

Here is how TPD will affect vape shops across the UK.

High Strength Nicotine and the TPD

Vape shops used to stock a range of strengths in e-Liquid, anything from zero nicotine up to around 32mg to cater for people quitting smoking. This ensured that they had enough nicotine intake to kick their nasty habit of smoking.

However, TPD regulations now mean that nicotine-containing liquid which is presented for retail sale in an electronic cigarette or refill container must not contain nicotine in excess of 20 mg/ml.

This has the potential to mean that even though vaping is a great way to kick the smoking habit, heavy smokers may find it difficult because they can’t get the required nicotine levels from e-liquid.

It is also hard for people to transition from analogs to regular vaping devices.

Bottle Sizes and the TPD

Previously, vape shops stocked e-Liquid ranging from between 10ml to 30ml but online vape shops in some cases stocked 500ml quantities.

The tpd vaping regulations now mean that the maximum capacity for a bottle of nicotine containing e-Liquid must not exceed 10ml.

However, if you produce e-liquid without nicotine, you will not be subject to the 10ml rule. Manufacturers in the UK (and elsewhere I’m sure) are already selling pre-mixed e-liquid in 10 ml bottles inside a larger bottle, like a Chubby Gorilla for example.

This can be great for vapers, because it means they get to sample an e-liquid line before they buy a larger quantity of one particular e-liquid.

Tank Sizes and the TPD

Unfortunately, the majority of the tanks on the market were also affected, bringing into force a new limit on the tank capacity with a maximum capacity of just 2ml.

Tanks must now be TPD compliant so if they are on the shelves, you’ll know they comply with the new regulations. However, this will mean filling your tank up more often. You’re also no longer able to get your hands on the 5ml beasts. This is a real shame because there are some fantastic large capacity tanks out there that some vapers have used since they were released.

To combat this, some vape shops have started to divide their stock between kits and so-called “competition gear”. The kits are intended for vaping with nicotine and are fully TPD compliant. The competition gear includes drippers and mech mods, and are intended to be used without nicotine.

Many manufacturers now produce “TPD versions” of popular devices. When you buy a kit, you’ll often find a spare glass tank. Depending on what you buy, that replacement might be slightly bigger than the original.

Nicotine Base and the TPD

The TPD regulations have limited the maximum nicotine concentration to 20mg/ml maximum meaning that concentrated nicotine cannot be sold anymore.

Vapers who are mixing their own e-Liquid have been stockpiling bottles of nicotine to ensure they can continue with their hobby and reduce their costs. This could be dangerous if bottles are not stored securely especially if there are children or pets in the household.

Nicotine also has a lifespan but this can be extended by keeping it in glass bottles and in a cool dry place or the refrigerator.

With this in mind though, the regulations do not apply to trade sales though providing that industrial quantities are being sold to another business


The TPD regulations also has new strict notification, labelling and packaging requirements including submitting products to the MHRA.

Those small vape shops that mix their own e-Liquid in-house will be hit hard unless they create a laboratory that can measure a range of specifications required by the TPD. Before these regulations, a small vape shop could have created numerous different flavours and put them on the market but the new regulations mean that every product has to be submitted to the MHRA.

In addition, this also carries fees for processing submissions which some smaller companies will simply not be able to afford or we could see an increase in prices to the consumer.

On the other hand, TPD regulations only apply to e-liquids containing nicotine. E-liquids that are nicotine-free do not need to go through this testing process.

Products that do not meet the definition (such as 0% nicotine e-liquids) are out of scope of the TPD and do not have to meet its requirements.

The regulations are aimed at manufacturers and retailers. If you make your own e-liquids and don’t sell them on the market, you are also unaffected.


In 2022, the TPD regulations are up for review again. In fact, they are to be reviewed every fiveryears so it will be an ongoing process.

New vapers will not have known any different but for vapers pre-TPD, they may have found the regulations a little tough to live by.

All we know is that in a few years time, things could be even more different, so for now we have to accept the restrictions and hope that it’ll get easier to vape in the future.

Sophie Garrod Head of Content

Guest Post: What Will Vaping Look Like if Regulations Pass?

What Will Vaping Look Like if Regulations Pass?

All vapers who pay attention to the industry know that politicians and governmental agencies are working to ban vaping, or to strongly curtail it. Even just a quick search on Google for news mentions of “vaping” shows the huge amount of effort to tax, ban or regulate on all levels–state, to federal, and internationally.

Though most vapers know that the threat of regulations loom, they don’t really understand what the consequences of these regulations are. What exactly will all of these regulations to do vaping if they are successful in passing?

We did some research, and quickly realized that these regulations have the chance turning vaping into a barren wasteland–where cigalikes are king, and almost everything–even your basic Go devices–are completely banned…and those devices which do remain are taxed to an extremely high rate.

Here’s what could happen:

  1. Banning of Most Vaping Gear

If current proposed federal regulations are implemented as-is, essentially all vaping products would be banned immediately or over the course of a number of years.

How can this happen?

The potential pitfall comes from the Family Smoking Prevention and Tobacco Control Act of 2009, which is the law that brought e-cigarettes under the control of the FDA to begin with. This law allows that tobacco products on the market before February 2007 may remain without further hurdles. However, items that were marketed afterwards are required to go through FDA approval. The only devices released after February 2007 that would get an “easy pass” towards approval would be devices that are “substantially equivalent” to the devices released prior to that date. For those who would seek to have the device approved, they are walking into “basically uncharted territory”–it is expected that companies would be forced to pay hundreds of thousands of dollars on a per-product basis for a process that could take years in order to have their product approved.

Unfortunately, therefore, the question begins to become: “what were the eCigs that were around back in 2007?”

Some examples include the Janty Yentl, ePipes, and devices made by Ruyan such as the Ruyan v8. Of course, these are mostly cigalikes. Unfortunately, this is not where the misery stops. Most of them are of extremely low quality (take a quick look at the Janty Yentl), and look like they would fall part with being touched the wrong way.

Their battery capacity is extremely small–about 150mAh to 180mAh per battery. This means that you’ll be required to carry around 3 or 4 batteries in your pocket throughout the day. Let’s not forget about the fact that they only use cartridges rather than refillable tanks, and their extremely low atomizer life. These combined leave a device that has essentially no ability to customize or to control items such as air flow and flavor.

The link above referened an e-Cigarette-Forum thread about eCigarettes in 2007. Here are some interesting comments left-

“The batteries were so small that you had to carry many around throughout the day”

“Cartridges were tubes you fitted onto the ends of atomizers. They were stuffed with aquarium fish-filter foam, into which you dripped maybe 0.3 – 0.4ml of liquid. Needless to say, you had to refill the cartrdiges quite frequently, so you carried at least one bottle of e-liquid with you”

“2 batteries, a dripping atomizer, 5 pre-filled cartridges, all for about $150”

“You had to order your eJuice from China, which back then could make you sick (first-hand experience)’ in turn, all the hassle would cause you to go back to smoking again”.

What can you do to combat these impending FDA regulations?

You can submit a public comment to the FDA to express your feelings on this issue. You have until July 2 to do this! You can check it out here.

State and local taxes

The taxes proposed by the anti-vaping community are absurd. Here is an example:

–         70% Tax on Vapor Products, tax rate will rise as city raises the cigarette tax, currently under consideration in Washington, DC

–         20 cents per ML tax on eliquid passed the Kansas Legislature.

–         5 cents per ml new tax likely to be imposed in Louisiana, which as CASAA points out, makes it easier to lead to future raises.

–         Washington state – proposed 60% tax on vapor products. This proposed tax caused one of the largest eJuice producers—Mount Baker Vapor—to begin moving from Washington to Arizona.

It is quite possible that the taxes on vaping gear could essentially double their cost. For example, the 95% wholesale tax on ejuice in Minnesota in of nearly doubles the price of eJuice. If taxes are lumped into the taxes on standard cigarettes, this doubling in price is almost guaranteed.

What should vapers do to fight regulation?

It’s the duty of the entire vaping community to understand the regulatory prognosis and to take steps to oppose undue regulations.

We ask that all vapers stay up-to-date. You can do this by keeping current on various vaping advocacy resources. Some that we would recommend specifically include CASAA (The Consumer Advocates for Smoke-free Alternatives Association).

Guest Writer John Fargo is the Director of Advocacy at Hookah Pen King. He writes extensively on vaping regulation issues.

Vaping and the Law

There’s an increasing number of people who have come to rely on e-cigarettes as an alternative to smoking regular tobacco cigarettes (otherwise known as analogue cigarettes). They may have chosen them as an alternative because of difficulties finding a place to comfortably have an analogue cigarette, or because they are looking to save money, or because they wish to quit using analogues altogether, and reduce their reliance on nicotine. Unfortunately their ability to make this choice for themselves is being threatened by proposed changes to the law in many states.