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

MHRA and TPD

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.

Conclusion

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 Vapemate.co.uk

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.

FDA creates a dangerous information vacuum

Guest Author: okcigs.co.uk For further information about electronic cigarettes please visit the OKCigs.co.uk website.

Even though the FDA (Food and Drug Administration) has already published its proposals for regulation of the vaping industry going forward, nothing is yet on the statute books. These proposals are still out to consultation with the industry and while many expect them to be formally accepted during 2015, there is no definitive sign off day. As a consequence the FDA has created a dangerous information vacuum which has been exploited by state authorities across the US.

Why is the FDA dragging its heels?

There has been speculation, rumour and counter rumour regarding the FDA and its role in the future regulation of the vaping industry. Many people will be unaware that the FDA effectively tried to ban electronic cigarettes just a few years ago only to have this ruling overturned in the High Court leading to an embarrassing U-turn. Perhaps this was a taste of things to come with some experts questioning the administration’s “unbiased” approach to the industry?

If we take a step back and look at the situation from a distance, there are so many supporters and critics of the industry that it is difficult to consult with everybody. It is common knowledge that the tobacco industry is lobbying behind-the-scenes despite the fact many of the larger companies have already started to invest significant amounts of money into the industry. Indeed one of the major tobacco companies is championing a ban on e liquids while attempting to maintain the status quo on electronic cigarettes. Does this make any sense?

State authorities take the lead

As we alluded to above, the emergence of a dangerous information vacuum as a direct result of the FDA’s incredibly slow move towards the creation of a regulatory framework has been exploited by some state authorities. We have seen a number of bans as well as talk of specific electronic cigarette taxes which many see as the long-term replacement for tobacco taxes.

It is difficult to see how the state authorities can justify this ongoing pursuit of the vaping industry when the vast majority of medical trials to date have been very positive. True, we have seen some damaging headlines but very often on further investigation these criticisms crumble and disappear. Indeed, only a few days ago we had medical experts in the UK confirming that it was difficult to publish positive data on electronic cigarettes although the press have an insatiable appetite for negative research and controversial headlines.

There is a real danger that the vast majority of states across the US will already have introduced their own specific electronic cigarette taxes and regulations before the FDA finalises its own position. If this is the case, will the FDA force state authorities to repeal their laws or will they stand side-by-side with the FDA’s long-term structure?

Conclusion

While supporters of the vaping industry may be a little heartened by the fact the FDA has been so slow to confirm the long-term regulatory structure, this is perhaps not all positive. The creation of an information vacuum has allowed many states across the US to introduce their own electronic cigarette regulations with minimal resistance. There is a growing suspicion that the FDA is dragging its heels on purpose to create confusion and uncertainty around the electronic cigarette industry.

At the end of the day, would any independent electronic cigarette company feel comfortable investing hundreds of millions of dollars for the future without knowing the regulatory structure?

Guest Post: NICVAPE LAUNCHES E-FLAVOR

Written by: Lynn Stanleynicvape-logo-2014
NICVAPE LAUNCHES E-FLAVOR, THE FIRST E-LIQUID FLAVORING LINE DESIGNED TO MEET THE SPECIAL REQUIREMENTS OF THE ELECTRONIC CIGARETTE INDUSTRY

Spartanburg, S.C.—(July 23, 2014) NicVape today announced the launch of E-Flavor, a new line of flavorings it has developed specifically for the electronic cigarette industry. The brand’s initial batch features 24 flavors designed to improve users’ taste experiences. With an estimated 4 million Americans using battery-powered cigarettes, flavors are crucial to the rapidly expanding market. So are the quality and safety measures needed to produce e-liquids for the emerging, unregulated industry. NicVape is the first manufacturer to engineer its own e-liquid flavoring product line, raising the bar for other companies with its sustainable, safe production methods.

Headquartered in Spartanburg, S.C., NicVape has been setting the standard for product quality and control since 2010 when it opened its 28,000-square-foot manufacturing facility with a 5,000-square-foot clean room. The company performs both internal quality assurance checks and third party testing through Enthalpy Analytical Inc., on each ingredient. The Durham, N.C.-based laboratory specializes in analysis of air and tobacco products. Test data led NicVape to take the first steps toward designing its own flavorings in October 2013.

“Test results showed us that flavorings designed for use in food products either didn’t meet our quality standards, or contained some components we were concerned about,” says Linc Williams, executive vice-president for NicVape. “We were especially interested in looking at alternatives that could eliminate Diacetyl, a chemical that is used to give food a buttery flavor, and Acetyl Propionyl, commonly found in dairy and custard –flavored products.”

NicVape’s team of engineers worked closely with top flavorists and manufacturing flavoring experts to develop the recipe it uses for its E-Flavor line. “Our first offering is a mix of unique tobacco flavors as well as fruit flavors that are quite vibrant and realistic,” Williams says. “They are also more concentrated. We’re able to produce them at a 10 percent dilution rate instead of the industry’s standard 20 percent dilution rate.”

Certificates of Analysis for each lot will be available for review through NicTrace, (http://www.nicvape.com/Nictrace ) the company’s online documentation system. NicVape is committed to responsible, sustainable manufacturing adds Williams. “We’re teaming with other e-juice manufacturers and partners because we are always looking to elevate product quality both through better processing methods and innovative approaches to flavoring. But we also want to pursue these goals in a way that allows companies that are part of this supply chain to expand their profit margins,” he says. NicVape is making E-Flavor available to distributors and other e-juice manufacturers and expects to release additional flavors under its brand over the next few quarters.

NicVape is a leading manufacturer, retailer and wholesale supplier of e-liquids, diluted nicotine and vaping supplies for the electronic cigarette market. Entrepreneur Rich Henning founded the company in 2010 in pursuit of the right smoking alternative. His commitment to the ongoing development and maintenance of policies and procedures that support stringent standards for quality control, production and customer service has helped build NicVape into a “USA Top-10” manufacturing and supply company for the global marketplace. In addition to partnering with companies that have similar goals, NicVape also teams with organizations like the American E-Liquid Manufacturing Standards Association to promote the principles of quality, health and safety.

Contact Customer Service at customerservice@nicvape.com

PH: 864/764-1801
www.nicvape.com

NEW E-FLAVORS

  • Turkish Tobacco
  • Spearmint
  • Carolina Tobacco
  • Fine Cuban
  • Tobacco
  • Sweet Tobacco
  • Dark Raz
  • Subtle Cinnamon
  • Gourmet Cinnamon
  • Raspberry
  • Peppermint
  • Real Watermelon
  • Strawberry
  • Crème De Menthe
  • Green Apple
  • French Vanilla
  • Bubblegum
  • Red Apple
  • Ripe Strawberry
  • Vanilla
  • Root Beer
  • Lime
  • Clementine
  • Orange
  • Grape

If you are not familiar with NicVape take a look at the following video: