Category Archives: Regulations

Ireland’s Proposed Vape Regulatory Changes

Upcoming Changes to Vape Regulations in the UK

Ireland's Further Restrictions

Conclusion

Thriving in the UAE Vape Industry: Starting a Vape Business

Understanding Vape Regulations in the UAE

Navigating the Vape Market in the UAE

Licenses and Permits Required for Starting a Vape Business

E-Cigarette License Registration

E-Cigarette Commercial Trading License

MoIAT Certification

Free Sales Certificate

Dubai Municipality’s License

The Benefits of Working with Established Manufacturers like Xyfil in the UAE

Conclusion

Pioneering a Smoke-Free Future in New Zealand by 2025

Why Smoke-free Matters

Public Health Impact

Economic Benefits

Setting a Global Example

How New Zealand is Aiming to Achieve Smoke-free Status

New Zealand's Vaping Regulations

International Implications

Conclusion

The Changing Landscape of Vaping in Australia Explained

Australia's Shifting Policies on Vaping

The January Ban on Disposable Vapes

Upcoming Updates to the Regulations

Vapes Available at Pharmacies

Restrictions on Sales at Other Retailers

Timeline for Implementation

Pending Legislative Approval

Future Enforcement

Penalties for Vaping Violations

Personal Use Exemptions

Retailer Penalties

Selling Vapes in Pharmacies

No Display Policy

Plain Packaging Requirements

Limited Flavour Options

Conclusion

Belgium Joins the Disposable Vape Ban List

The vaping industry is facing a significant environmental and regulatory shift as countries begin to reflect on the convenience of disposable vapes against their considerable waste and potential health risks.

The Controversy Surrounding Disposables

The meteoric rise of disposable vapes has been accompanied by controversy. On one hand, enthusiasts praise the convenience and reduced health risk when compared to traditional combustible tobacco. On the other, the industry's heavy reliance on plastics and fears of an 'addiction conveyor belt' to traditional smoking, particularly in youth, have been alarming to policymakers and environmentalists.

Environmental Concerns

One of the most pressing issues policymakers have been warning about with disposable vapes is the environmental impact. Landfills are increasingly burdened with single-use plastics, and vaping devices are no exception. The lithium-ion batteries and various metals and plastics that construct these devices pose a significant problem for waste management and have long-lasting implications for the environment.

Protection of Minors

The compact and often brightly-coloured design of disposable vapes is at the heart of another concern – their appeal to minors. While there has been much debate on the topic, governments have been quick to pin the rise of under-age vaping on disposable vapes. The ease with which these products can be concealed and handled triggers fears of a new generation addicted to nicotine.

Belgium's Ban and Its Implications

Joining the fold of nations seeking to address these concerns, Belgium has pledged to ban disposable vape products. This prohibition is set to cover both nicotine and nicotine-free variants, making it one of the most comprehensive bans yet seen in this domain. The Belgian government, reflecting public sentiment and health concerns, is expected to publish the ban legislation around May to June 2024, with a tentative start date of January 1st, 2025.

The Ban's Scope

The prohibition will affect a broad range of disposable devices, including popular brands that currently dominate the market. The decision to include nicotine-free products is an important distinction, signalling that this ban is as much about health as it is about the environment. For Belgium, this decision could provoke change on multiple fronts, catalysing infrastructure for and consumer confidence around more sustainable alternatives.

Industry Response

Brands and manufacturers are scrambling to reassess their product lines in response to these bans. The shift away from disposables will necessitate a pivot toward more sustainable and reusable options such as rechargeable kits and E-Liquid refills. The Belgian market, as a result, is poised for a transformation that requires agile and forward-thinking leadership from industry stakeholders.

Retailer Resilience

Vape retailers play a critical role in the market, acting as gatekeepers to consumers. They will need to rapidly adjust their inventory, information management, and even staff training to accommodate the transition toward non-disposable products. This implies significant investment and rethinking of business models for some who only deal in disposable products.

Preparing for a World without Disposable Vapes

The upcoming ban in Belgium is not an isolated incident. Countries around the world are wrestling with the same issues, and similar legislation is anticipated elsewhere. For the vaping industry, this is a compelling signal to anticipate and prepare for change.

Innovating Away from Disposables

The ban on disposable vapes creates an innovation opportunity for companies within the vaping sector. By now, it's clear that the old 'take, dispose-of, and repeat' model is untenable. Thus, there's room for innovators to step up and find new formats and materials that don't contribute to environmental problems and provide even more benefits to customers.

Navigating New Regulations

Regulatory changes can be overwhelming, particularly for smaller players in the market. Staying informed and engaged with the policymaking process is crucial. This ensures that when new regulations are introduced, businesses are not caught off-guard and can pivot strategically. Working with reputable manufacturers like us here at Xyfil, who work in tandem with brands across the globe, can help ease the burden of regulatory changes and make fast, efficient changes to keep your brand afloat.

Educating the Public

With the inevitable shift away from disposables, there's a responsibility to educate consumers about the changes and the reasons behind them. The public needs to become aware of the solutions that the industry is providing, and educate why these are essential, to help avoid a potential black market situation.

The Role of Sustainability

Sustainability is becoming a key differentiator in the market. Consumers are increasingly seeking out brands and products that align with their values, and this is true in the vaping industry as well. Companies that lead the charge in sustainability stand to benefit from a positive image and potentially, new market opportunities.

Conclusion

Belgium's move to ban disposable vapes is a clear sign of a broader shift happening within the vaping industry. While they are not the first they will unlikely be the last. Perhaps it's time to make changes to combat these regulatory shake-ups, rather than trying to cling to what was before.

For brand owners and vape retailers, the proactive response to these changes will be pivotal – ensuring not just compliance but also market relevance and growth in a landscape that is rapidly transforming. The disposable vape ban is more than a regulatory issue; it's a call to redefine the essence of the vaping experience, integrating it with the values of personal and environmental health, as well as the long-term sustainability of the industry.

New Zealand’s Ban on Disposable Vapes Coming Soon

The landscape of the vaping industry is rapidly being reshaped by stringent regulations and public health initiatives, with New Zealand recently joining the movement by banning disposable vapes. This is part of a global trend that has seen several countries take steps to curb the growing use of vaping among young people and protect public health.

For vape brand owners, this kind of legislative action is not just a change in the legal environment but also represents a significant shift in business planning, product development, and marketing strategies. Here, we explore the profound implications of New Zealand's ban on disposable vapes and the ripple effect it may have on the industry at large.

Disposable Vapes on the Chopping Block

In an effort to combat youth vaping and reduce the environmental impact of these single-use devices, New Zealand's recent move is not surprising. With the ban soon to be enacted, vape brand owners need to take note and adjust their operations accordingly. The ban is part of the Smokefree Environments and Regulated Products Act, and it prohibits the import, sale, and supply of disposables, including severe penalties for those caught selling vapes to minors.

The action in New Zealand follows a similar ban in the UK, which is yet to receive a solid date for enactment. The latest ban underpins the global trends of a crackdown on youth vaping, but it's also emblematic of a broader rejection of 'convenience culture,' with its single-use, plastic product that has come to represent a public nuisance and environmental hazard.

Regulatory Impact for Vape Brand Owners

The most immediate impact for vape brand owners will be on the sale of disposable vapes. It is clear that the convenience offered by these simpler devices is no longer a justification for their proliferation in the market. Manufacturers must now pivot to more sustainable practices that align with both the legal requirements and consumer preferences. While many brands sell other vape products as well as disposables, disposable-only brands will need to either rethink their product offerings or take their products elsewhere.

The Ongoing Update to Reusable Vapes

The new regulations also touch on re-chargeable vape devices. Brands have until October 1st to ensure their devices include features such as child-resistant and tamper-evident packaging and meet other safety and quality standards. This presents an opportunity for companies to innovate and develop products that cater to the changing demands and expectations of regulators and consumers alike.

In addition to these new requirements, branding and marketing restrictions are tightening. Vape brands will no longer be able to use imagery that may appeal to young people, including cartoons, or have flavours with names that could attract the youth demographic. This update has since come into effect as of March 21st.

The Big Picture

The ban on disposable vapes is just one example of the broader regulatory shifts taking place in the vape industry. The trend is clear – governments are taking an increasingly active role in shaping the market to align with public health and environmental sustainability.

This presents challenges, but also opportunities. It encourages product innovation and a focus on long-term environmental stewardship. It prompts brands to engage in transparent, educational marketing aimed at adult consumers and invest in robust, multi-channel age verification systems to prevent underage sales. Although it may seem daunting, the current regulatory environment should be seen as a chance for brands to redefine their role and responsibility within the market.

Conclusion

As governments continue to take a hard line on vaping, the industry must adapt or face the consequences. The ban on disposable vapes in New Zealand is just one part of this global shift towards greater regulation. Vape brand owners must be proactive in navigating these changes. By upholding a commitment to regulatory compliance, product innovation, and environmental stewardship, brands can not only survive but thrive in the new market reality.

It is clear that the vape industry is at a crossroads, and the decisions made now will shape its future. By recognizing the opportunities that come with these changes and approaching them with a spirit of innovation and sustainability, vape brand owners can secure a place for their products in the evolving marketplace. Now more than ever, it is essential to be proactive, versatile, and forward-thinking in order to build a resilient and successful business.

Recent MHRA Updates You Need to Know About

In a bid to tighten regulations and ensure public safety, the UK's Medicines and Healthcare products Regulatory Agency (MHRA) has made a wave of updates that directly impact the vaping industry. For vape brand owners, keeping a finger on the pulse of these changes is not just advisable—it's imperative to remain compliant and protect the integrity of your business.

This detailed blog unpacks the recent updates and highlights why awareness is your best defence against regulatory infractions.

The Disposable Ban Looms

The phasing out of disposable e-cigarettes in the UK is one of the most significant changes on the horizon. While official legislation is pending, the intent is to ban these products with a 6 month grace period for businesses to adjust.

This move will reshape the vaping market, pushing for sustainability and longevity in product design. Businesses that have relied on disposables will need to innovate and pivot their offerings to maintain market share post-ban.

For those new to the industry, avoiding investments in disposable products is a strategic move. For existing businesses, it's an opportunity to reassess and diversify their product lines. Alternatively, there are many markets overseas such as the UAE, where disposables are still highly in demand - perhaps consider tailoring your products to these other markets? Contact us for help in taking your products overseas.

Operation Joseph in Full Swing

Operation Joseph, a government-sponsored initiative, is at the forefront of the UK's drive to ensure vaping product compliance. This multi-agency operation brings together the MHRA, Trading Standards, The Chartered Trading Standards Institute, The National Trading Standards Strategic Intelligence Unit, and other regulatory partners to quash illicit sales to minors and combat counterfeit vaping products.

One of the operation's startling findings is that in quarter 1 of 2023-24, 25.3% of test purchases resulted in the sale of vaping products to minors. Similarly, in this same time frame, 749,806 illicit vapes were seized. These figures only highlight the growing need for action.

The implications for vape brand owners are clear—compliance checks are intensifying. It's now more critical than ever to have robust age verification systems and airtight regulatory adherence embedded into business practices.

Improper Submission Type

A concerning development from Operation Joseph is the detection of businesses misappropriating submission types, leveraging them to push through non-compliant products. This deceptive tactic of 'type-jumping' for product approvals not only circumvents regulations but also endangers public health by introducing untested or substandard goods into the market.

False or misleading information:

"49.  A producer or retailer is guilty of an offence if that producer or retailer provides information to a person pursuant to any obligation in these Regulations if—

(a)the information is false or misleading in a material particular; and

(b)the producer or retailer who provides the information either knows it to be false or misleading in a material particular,  or is reckless as to whether it is false or misleading in a material particular."

Those identified to be potentially false or misleading will be assessed and if determined to be misleading, false or notified using an incorrect submission type, will be deemed incomplete and removed from UK Publication until the required corrective action has been completed. The MHRA will inform you of the temporary decision and provide an opportunity to establish compliance of the Notification or take the appropriate corrective action. Once this has been completed the MHRA will review your response and publish the corrected notification or permanently withdraw the relevant Submission if compliance cannot be achieved.

For vape businesses, this signals the need for a transparent and honest approach to product submissions. Any shortcuts or attempts to skirt approval processes could spell legal and reputational disasters.

Misuse of the MHRA Logo

An unexpected discovery of Operation Joseph's investigations was the improper use of the MHRA logo by some vape businesses. This contravenes regulations that prohibit the use of the MHRA's insignia in marketing materials without express permission.

Misrepresentation through logo misuse is a deceptive practice that compromises consumer trust and portrays an unauthorized endorsement. Brand owners must take this revelation as a warning, ensuring their marketing is both legal and ethical, with close attention to logo usage guidelines.

In conclusion

The essence of these updates is clear: the vaping industry is under the microscope, and ignorance of the law is no excuse. Staying informed and proactively adjusting business operations to align with regulations is the safest course to sail in this new era of compliance vigilance.

While these updates might seem daunting, they also present opportunities for businesses to differentiate themselves through transparency, superior products, and strong corporate responsibility.

In conclusion, navigating the shifting vaping regulations with diligence and foresight will not only keep you on the right side of the law but will also earn you consumer respect and loyalty. As updates continue to roll out, we'll be here to keep you informed and your business ahead of the curve.

2024 Updates on Tobacco and Related Product Regulations

The regulatory landscape of the vaping industry continues to evolve with each passing day. Recent changes to the Tobacco and Related Product Regulations have stirred things up again for industry stakeholders, bringing about several adjustments they must adapt to. This article provides an overview of the new alterations across different countries.

Belgium update

Belgium, for one, has made notable adjustments to its regulations. To start with, there is an increase in the TPD fees from €165 to €200 per SKU. Additionally, annual fees of €50 per SKU kick in from this year. But it's not just about the fees -- the product labels have undergone certain changes too.

A product label can now contain the flavour of the product, in Helvetica font, only once and it should not exceed a maximum size of 10. When notifying a product, the name may only contain one word to describe the flavour. Also, the leaflet accompanying the product must now have instructions in three national languages – French, German, and Dutch. These instructions must touch base on usage and storage, warnings for specific risk groups, possible adverse effects, and other relevant information about the product.

Iceland update

Meanwhile, Iceland is taking a page out of the European Union's rulebook. The country will now limit the sizes of tanks and refills to the same standard as the EU; tanks of 2 ml and refills of 10 ml. Previously, larger devices with over 2ml capacity were allowed. This new regulation takes effect from 1 February, and while already notified products can be sold until 31 May, there is a stark prohibition on importing such products from 1 February onwards.

Latvia update

Latvia, on the other hand, has taken a somewhat drastic measure against flavoured E-Cigarettes and E-Liquids. As of 1 January 2025, any flavoured E-Cigarettes and E-Liquids (barring tobacco flavour) will be banned in the country. Retailers can, however, continue to sell these products until the end of 2024. These amendments to the Tobacco Law will come into force in mid-February.

The diverse and frequent changes to vaping industry regulations continue to keep the industry on its toes, underlining the importance for businesses to stay informed and prepared to adapt. As these regulations vary significantly from one country to another, it is instrumental for industry players to stay up-to-date with these changes in order to thrive in this dynamic market.

Incoming UK Disposables Ban: Getting Ahead of the Ban

The winds of change are upon the vaping industry once again, as the UK government’s plan to ban various disposable vape products comes into sharper focus. For brand owners and businesses entrenched in this dynamic market, the need to pivot and explore sustainable alternatives is not just a forward-thinking strategy — it’s a necessity in the face of impending legislation.

The Disposables Ban: A New Direction for Vaping

The proposed ban, a response to the rise in youth vaping, will prohibit the sale of certain flavoured E-Liquids and the often-criticized disposable E-Cigarettes. The ban aims to safeguard the younger generation against the potential harm and lifelong addiction risks associated with various nicotine products.

With the end of 2025 being the target date for the ban, businesses must quickly adapt to new regulatory measures and explore how to transition their offering to approved products. This shift is more than just a compliance task; it’s an opportunity for brands to align with consumer values and establish a long-term, responsible presence in the market.

Implications for Businesses

For enterprises still heavily reliant on disposable vape sales, the ban could signal significant operational and financial implications. Ranging from inventory management to supply chain restructuring, the effects will cascade down the business models, requiring comprehensive overhauls. Still, the ban presents a promising horizon, encouraging innovation and diversification across the industry.

The Alternatives: A Path to Sustainability

Staying ahead in the competitive market means offering something unique and in demand. As disposables phase out, there are several product lines that brand owners can consider maintaining their edge.

E-Liquids for Refillable Devices

One of the most popular alternatives is the thriving market for E-Liquids designed for use with refillable devices. This not only capitalizes on the sustained popularity of vape products but also promotes reusability and waste reduction. Manufacturers can capitalize on this by offering an array of E-Liquids in terms of flavours, nicotine strengths, and ratios.

Pod Devices: The Middle Ground

Pod devices serve as a comfortable bridge for consumers making the transition. Offering the convenience of disposables with the sustainability of a rechargeable model, these products are poised to captivate the market’s adaptable segments. Brands can develop their lines with sleek devices that boast long-lasting battery life, and versatile features, combined with their E-Liquid formulations to entice their customer base.

Other Nicotine Delivery Products

Beyond E-Cigarettes, there is a burgeoning demand for alternative nicotine delivery methods (ANDs), which include heated tobacco products and various non-combustible options such as nicotine pouches and sprays. This diversification allows businesses to pivot within the larger nicotine market and explore adjacent territories that align with their production capabilities and brand identities.

Case Study: Pioneering Paths

The transition from disposables to sustainable nicotine products is not new — it’s a trail already being blazed by industry leaders.

Innovating with Sustainable Kits

One such pioneer is Pod Salt, an award-winning British E-Liquid brand. Their latest innovation, Pod Salt Evolve, is a pod device kit that delivers both performance, satisfaction, and sustainability. By offering a product that addresses the legislative changes without compromising on user experience, Pod Salt exemplifies the success possible through strategic innovation.

Conclusion: Embracing Change with Xyfil

The disposables ban, although a significant shift, is a challenge that the robust vaping industry can navigate with innovation and adaptability. Xyfil, a leading vape manufacturer in the UK, has proven expertise in helping businesses successfully pivot to compliant and popular E-liquid lines.

For businesses looking to evolve their offering, Xyfil stands as a trusted industry partner, capable of swiftly manoeuvring through the complex regulatory landscape and emerging with products that win both consumer preference and regulatory approval.

As the market reshapes in the wake of the disposables ban, teaming up with Xyfil can be your strategic advantage — ensuring that your brand's future is as sustainable as it is successful. Contact us today to begin your journey towards transforming disposables into compliant, award-winning E-Liquids poised to lead the next wave of the vaping industry in the UK and beyond.

UK Vape Industry Shake-up: What’s on the Horizon?

The United Kingdom's vaping industry has experienced dramatic growth in recent years, becoming a vital part of the nation's public health strategy and economic landscape. However, like any burgeoning industry, it's not without its challenges.

The UK government's recent consultations are poised to usher in significant changes, particularly aimed at addressing the issue of underage vaping. This transition requires careful navigation, as proposed regulations, especially those concerning e-liquid flavours, could profoundly impact the industry.

These proposed changes highlight the dynamic nature of the vaping industry's regulatory environment, underscoring the importance of staying abreast of legislative shifts to ensure compliance and business continuity.

Recent UK consultation to public on vaping

The UK government recently sought public input on a range of topics pertinent to the vaping industry. This consultation aimed to assess public sentiment and gather input on potential regulatory changes, focusing particularly on underage vaping, which has emerged as a significant concern.

One subject of intense scrutiny during this consultation revolves around e-liquid flavours, with the government considering restrictions that could vastly alter the vaping landscape as we know it.

Possible changes to flavours in the UK

The potential changes to E-Liquid flavours suggested in the consultation are varied and could significantly shape the future of vaping in the UK. One possible change the government is considering is limiting the descriptors used for flavours. This would mean that the vivid and often creative names attached to certain e-liquids could be replaced with more generic terminology.

Another possible change is restricting the ingredients that can be used to manufacture e-liquids. This would limit the range of flavours that can be produced, potentially resulting in a more uniform flavour landscape.

The most drastic change under consideration is limiting characterising flavours to a select few. This could mean that e-liquid flavours will be limited to tobacco, or perhaps tobacco, mint and menthol, or even a third option of tobacco, mint, menthol, and fruits only.

This would represent a significant departure from the current wide array of flavour options and could dramatically transform the vaping experience., though the latter would likely create the least impact on adult vapers.

The government's decision on these proposed changes will heavily depend on the public's feedback during the consultation period.

Such changes could have profound implications for vape brands. If enacted, limitations on flavour descriptions could disrupt marketing strategies, potentially necessitating brand revamps. Restrictions on ingredients would likely demand reformulation of products, leading to increased costs and logistical challenges. Moreover, limitations on characterising flavours might reduce product range and diversity, potentially shrinking customer bases.

Navigating Regulatory Changes with Xyfil

At Xyfil, we understand the importance of keeping up with the ever-changing regulatory landscape of the vaping industry. Our experts continuously monitor potential changes to ensure that brand owners are always one step ahead. Our valuable insights and comprehensive understanding of regulatory changes enable us to provide tailored advice, helping brands adapt and evolve in line with new policies.

Furthermore, our expertise extends beyond regulation insights. In the face of potential flavour restrictions, Xyfil stands out with our proficiency in producing the tobacco, mint and menthol flavours. Make the most of our white label flavour options to help ensure your brand isn't left behind with any changes.  If the government limits flavours to these categories, we are well-positioned to help brands maintain their edge with our high-quality, compliant, and flavourful formulations.

At Xyfil, we are committed to ensuring the continuity of your brand amid changes, helping you navigate the upcoming shifts with confidence. We strive to empower our partners to embrace change and turn potential challenges into opportunities for success.