Category Archives: Regulations

Xyfil Ltd   →  Blog   →  Regulations
Author Hannah Rubery Categories E-Liquid, Manufacturing, Other, Regulations Posted on

Australia Considers Toughening Restrictions on Vaping

Despite being the home of one of the world’s toughest restrictions on vaping, the Australian government are considering further tightening. The aim is to crackdown on children accessing E-Cigarettes. But is it creating more harm than good?

The current vaping regulations in Australia

Currently, it is illegal to purchase nicotine-containing E-Liquid, and devices in Australia without a prescription. Each state however regulates issues such as sales, public use, age limits etc.

All states require retailers to be given approval for selling E-Liquid but at this time, none have been granted approval. Similarly, many states allow the sale of nicotine-free E-Cigarettes, but the products cannot claim to help quit or reduce smoking. These include Australian Capital Territory (retailers must have a tobacco license) and Tasmania, Queensland, Victoria and New South Wales have the same rule but sellers don’t require a license.

The proposed changes

The Australian federal government are considering key changes targeting specific areas such as importation rules and tougher labelling laws. A public consultation will be held to cover the four areas:

  • Changes to importation and border control laws required to stop illegal products entering Australia
  • Pre-market assessments of vapes to create a regulated source of products for pharmacists and doctors to prescribe
  • Labelling, advertising and flavouring of vapes that make them attractive to children
  • Stronger identification and regulation of nicotine-containing products

While these are being debated, the health Minister Mark Butler, has announced a ban on menthol cigarettes and other cigarette flavours plus additives.

The public consultation on vaping reforms will be open until the 16th of January.

The AMA (Australian Medical Association) has welcomed the federal government’s plans to tighten tobacco control and calls for the below changes to be made:

  • reducing the concentration limit from 100mg/ml to 20mg/ml, and introducing limits on the flavours and volume of nicotine that can be prescribed or ordered,
  • banning the importation of nicotine vaping products through the Personal Importation Scheme,
  • adding Nicotine Vaping Products to Real Time Prescription Monitoring programs,
  • restricting the use of Medicare smoking cessation items to a patient’s usual doctor, consistent with previous advice provided by the AMA.

Have these regulations really helped?

There’s much to debate with Australia’s already tight regulations on vaping. They clearly haven’t had the impact the government wished as they feel the need to tighten them further. And research has suggested that these changes may have been more detrimental to the smoke-free objective.

A recent study published by the BMJ (British Medical Association) analysed the smoking rates and cigarette consumption in 6 jurisdictions, across different regulatory environments for vaping. These included Alberta, Ontario, Quebec and British Colombia, UK and Australia. It was noted that, unsurprisingly, Australia had lower rates of vaping and a much lower rate of declining smoking rates, in comparison to the other countries.

And other countries are taking note of the failings. CAPHRA (Coalition of Asia Pacific Tobacco Harm Reduction Advocate) have submitted a consultation document to Australia’s Therapeutic Goods Administration (TGA). They believe that Australia’s method of medicalising vaping is failing and that there needs to be open access for smokers looking to quit smoking.

Keep posted on the latest news with Xyfil.

Author Hannah Rubery Categories E-Liquid, Manufacturing, Regulations Posted on

Countries Around the Globe with Vape Flavour Bans

Updated 21st March, 2025.

Regulations around vaping change often across the globe, with countries making changes each year, whether for better or worse. It’s important for manufacturers, retailers and brands to be aware of the latest regulatory changes to ensure vaping products remain relevant and compliant.

One such regulatory change that seems to be occurring more frequently, is the ban on flavoured vapes. Many governments have elected to ban flavoured vapes in the hopes of dissuading those who are underage, from vaping. Although research has suggested that flavours play a crucial role for vapers on their quit-smoking journey, there are many countries that have implemented this ban or are planning to do so.

China bans flavoured vapes but not for exports

As of October, the country has become yet another to ban flavoured vapes with plans to only sell tobacco-flavoured vapes. Interestingly though, China has not banned the export of flavoured vapes, only the use within its own country. This began the recent overhaul of vaping regulations in China which include a consumption tax.

China’s ban on flavours stems from the same concern shared by others on the health risks for young people who take up vaping. However, research has noted that flavours other than tobacco, play a part in helping users quit smoking. Perhaps alternatives to flavour bans need to be looked at to help minimise the potential losses of helping smokers quit with vapes.

Other countries that have banned flavoured vapes

Although vaping is legal in these countries, they too have implemented flavour bans on vaping products, limiting them to tobacco with or without the inclusion of mint & menthol. If you are interested in taking your brand to any of the below countries, you will need to tailor your products to the current limitations.

Canada

  • Nova Scotia - tobacco only
  • Ontario – tobacco, mint & menthol (vape stores are allowed stock flavours)
  • Prince Edward Island – tobacco only
  • Quebec (potential) – unconfirmed
  • Saskatchewan – tobacco, mint & menthol

US

  • Colorado (allowed in vape shops & tobacconists, not traditional retail outlets)
  • Connecticut (pending) – unconfirmed
  • Chicago – tobacco only
  • Maine (pending) – unconfirmed
  • Maryland (pending) – unconfirmed
  • Massachusetts – tobacco only
  • Minnesota (only cities Minneapolis, St. Paul and Duluth) – tobacco only
  • Kansas City (pending) – unconfirmed
  • Missoula – tobacco only
  • New Jersey – tobacco only
  • New Mexico (pending) – unconfirmed
  • New York (except for those permitted by the FDA) – tobacco only unless FDA approved
  • Rhode Island – tobacco only
  • Utah (potential) – unconfirmed
  • Vermont (pending) – unconfirmed

EU

  • Lithuania – tobacco only
  • Latvia - tobacco only
  • Finland – tobacco only
  • Estonia – tobacco & menthol
  • Hungary – tobacco only
  • Denmark – tobacco and menthol
  • Netherlands – tobacco only
  • Slovenia – tobacco only
  • Spain - *proposed ban* - potentially will be limited to tobacco & menthol

In countries such as Lithuania, Latvia, and the Netherlands, regulatory authorities have gone a step further by restricting manufacturers to a predefined list of flavouring compounds deemed to contribute to a tobacco-like sensory experience. These compounds include:

CAS NumberSubstance NameFlavour Description
35044-68-9beta-DamasconeBlackcurrant, plum, rose, honey, tobacco
23726-91-2(E)-beta-DamasconeBlackcurrant, plum, rose, honey, tobacco
23726-92-3(Z)-beta-DamasconeBlackcurrant, plum, rose, honey, tobacco
23696-85-7DamascenoneFruity-floral with apple, plum, raisin, prune, tea, rose, tobacco notes
23726-93-4(E)-beta-DamascenoneFruity-floral with apple, plum, raisin, prune, tea, rose, tobacco notes
1125-21-9KetoisophoroneTobacco-like, hay-straw, tea notes, honey
4883-60-72-Hydroxy-3,5,5-trimethyl-2-cyclohexenoneSweet, musty tea, caramelic odour, musty, tea, nutty, tobacco taste
536-78-73-EthylpyridineStrong tobacco, roasted, nutty, smoky notes odour, tobacco-like flavour
350-03-83-AcetylpyridineStrong, burnt roasted, nutty, cigar tobacco-like
91-10-12,6-DimethoxyphenolPhenolic-woody-medicinal, smoky odour; a tarry, spicy, smoky (bacon) taste
67-47-05-(Hydroxymethyl)-2-furfuralHerbaceous winey hay-like odour, sweet herbaceous hay & tobacco-like taste
591-12-8alpha-Angelica lactoneSweet, bread, molasses, coumarin, tobacco odour; nut-like taste
503-74-2Isovaleric acidVery sour, ‘sweaty,’ cheesy odour; fruity on dilution
1139-30-6(-)Caryophyllene oxideDry, woody, faint cedar, tobacco-like notes
3738-00-9AmbroxinIntense velvety ambergris notes
564-20-5(3aR)-(+)-SclareolideCedary; impact compound of certain tobaccos; fish & berry flavour improver

Other

  • Ukraine – tobacco only
  • China – tobacco only
  • New Zealand (partial flavour ban, only speciality vape shops can sell flavours) – tobacco, mint & menthol unless sold by speciality vape shops.

Create your signature tobacco vape range with Xyfil

Just because these countries have limited their selection to tobacco flavours, with some offering mint & menthol also, doesn’t mean your brand should miss out. Tobacco flavours can be distinct and unique thanks to the wide variety of tobacco brands we can recreate.

Our E-Liquid manufacturing solutions offer premium products and versatile services. Whether you want to opt for white label manufacture or OEM, we can cater to your needs and the regulations of whichever country you wish to resale in. By using our premium, award-winning nicotine salt formula, along with our high-quality tobacco flavours that have gone on to win awards, your brand is in safe hands.

Contact us today to find out how we can help you create the next, best Tobacco range of E-Liquids.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

China’s Latest Regulation Changes Include Vaping Tax

New legislation in China has taken effect as of the 1st of November, which continues to change the landscape of the Chinese vaping industry. Last year changes were made that established a need for Chinese E-Cigarette companies, to obtain a license to be able to continue selling to customers.

Along with this change, the requirements and regulations that were introduced triggered a wave of closures, especially in hardware manufacturing. And these new changes could bring even more issues for Chinese vapers and manufacturers.

The new vaping tax implemented in China

On the 1st of November, the Chinese government implemented a new tax on vaping products. This consumption tax includes a 36% tax on the production or import of E-Cigarettes and an 11% tax on wholesale distribution in China. China’s Ministry of Finance has announced that E-Cigarette products will now be a sub-item under the tobacco tax item list.

Companies that have a license from the tobacco monopoly authorities (STMA) to produce E-Liquids, or companies that have obtained/licensed the use of a registered trademark or another company’s E-Cigarette products, will have their consumption tax calculated differently depending on how the products are sold or produced. Similarly, for E-Cigarettes made through an OEM, it is down the company that owns the trademark is liable for the consumption tax.

  • Producers and wholesalers pay tax based on the sales of the production and wholesale of E-Cigarettes. 
  • Companies that sell E-Cigarettes through an agency in the production process must pay tax based on the sales of the distributors or agents to the e-cigarette wholesaler.
  • Importers of E-Cigarettes must pay tax based on the component taxable price.
  • Companies engaged in processing E-Cigarettes in the production cycle must calculate the sales of trademarked e-cigarettes and the sales of OEM e-cigarettes separately; if they are not accounted for separately, they must pay consumption tax together.

Is there a concern about exports? A later announcement clarified that exports of E-Cigarettes are eligible for the tax refund and exemption policy. This means that although the internal Chinese vaping industry is expected to feel the pinch, exports will not see the same treatment.

What is concerning though is the potential for more Chinese E-Cigarette companies to begin struggling to keep up with the added tax. Not to mention the added cost that very likely could be transferred to consumers in China.

These changes come from China’s further clampdowns on vaping products that saw flavoured vapes banned. Having started in October, only tobacco-flavoured vapes are to be sold in China.

Are there any positives from these changes?

One thing is for sure, with the increasing legislation in China, it has begun a crackdown on requirements for E-Cigarettes and vape products in an effort to improve quality. These include regulations on the battery, ceramic coil, nicotine content, and flavours.

What these changes do help is establish a greater baseline for good quality products. Ensuring that vape products meet these criteria could help in reducing the presence of fake disposables and lower-quality E-Liquids that have begun to flood the market.

The largely untapped market of potential vapers

The Chinese vape industry has seen a similar explosion in growth as most of the world these past few years. With a smoking population of around 300 million, China is a prime spot for pushing the quit-smoking journey with the aid of vaping.

And yet the rate of E-Cigarettes usage in China is far behind other countries such as the UK and US; a mere 1.5% compared to 30%. Therefore, there is significant room for expansion but with these latest regulation changes, it may become harder to do so. Only time will tell if more high-quality vaping products will make their way into the Chinese market.

Author Hannah Rubery Categories Compliance, E-Liquid, Regulations Posted on

Avoiding Confusion with Nicotine-Free Disposables Legality

Zero-nicotine disposables are growing in popularity, but some stores are worried to stock them.

Disposable vapes are a perfect first step for many vapers as they offer a convenient and simple way to vape. Recently, some brands have branched out into developing 0mg nicotine disposables which provide all the flavour but without nicotine. But there have been reports of retailers being hesitant about stocking these sorts of devices.

Local shops refusing to stock nicotine-free disposables – why the confusion?

It seems there’s been some confusion with nicotine-free vaping products as some stores in the UK show hesitancy with stocking them. BetterRetailing reported that stores were refusing 3,500 puff nicotine-free devices with tank capacities above 2ml. Not all zero-nicotine disposable vapes offer such a high puff count, but many are beginning to do so.

So, why the confusion? By now, most are aware of what is TPD compliant (the UK regulations for vaping products). When it comes to disposable devices, we know that the E-Liquid capacity should be no more than 2ml which means they are usually capped at 600 puffs (650 at a push). And with recent store raids tackling illicit vapes that are not TPD compliant, it’s not hard to see why some stores are turning away these 0mg devices.

However, TPD guidelines are restrictions for nicotine-containing products, and thereby nicotine-free devices are exempt from these rules. Much like how shortfill E-Liquids are exempt from the restrictions which is why they can be larger than 10ml (the max capacity for nicotine-containing E-Liquids). Nicotine-free disposable vapes, if they contain no nicotine whatsoever, are legal in the UK at higher puff counts and capacity.

You can find more information on compliance with disposable devices in the UKVIA's guide.

The pros and cons of zero nicotine disposables

Nicotine-free disposables are yet another part of a vaper’s quit-smoking journey. Although they won’t help with quitting tobacco at the beginning, many vapers find that over time, they lower their nicotine strength after vaping for some time.

Since nicotine is an addictive substance that many want eventually to also quit, 0mg vapes are the perfect solution for vapers at the last leg of their quitting journey. These types of devices allow vapers to enjoy their favourite flavours and vaping experience without the addictive nicotine.

Zero-nicotine devices also allow for a smoother vape due to a lesser throat hit with the absence of nicotine.

Why retailers should consider stocking 0mg devices

As we mentioned, zero nicotine vapes are perfectly legal in the UK, including those at higher puff counts and tank capacities – so long as it is confirmed they are 0mg. No nicotine disposables offer a final stepping stone for vapers to quit nicotine whilst still enjoying their favourite brand or flavours. Vapers who already vape at low nicotine strengths can opt to use these nicotine-free devices as a means of quitting nicotine.

They are also suitable for casual smokers who may not need the nicotine hit as much as heavy smokers, but still struggle to quit because of the habits created by smoking. As vaping mimics, the motions of smoking a cigarette, these sorts of devices could be of benefit to light/casual smokers to quit cigarettes.

Vape retailers who can cater to a smoker’s quitting journey from start to finish may see greater customer loyalty and retention.

White label and OEM zero-nicotine products

Here at Xyfil we produce and manufacture a variety of E-Liquids for brands that range from our award-winning Nicotine Salts to premium Freebase Nicotine, to nicotine shots and nicotine-free E-Liquids. Our quality formulas and flavours continue to win awards across the vaping industry and with our white label manufacture, you get access to our existing, premium combinations. And even better, you can request these as 0mg to create shortfills or your own zero-nicotine disposable devices.

Or speak with us about our OEM opportunities for creating a bespoke range of no-nicotine disposables. With full flexibility throughout the entire process, we can help you go from idea to shop floor. Contact us today to start on your next range.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

New Progressive Vaping Laws in the Philippines Welcomed

Vaping regulations change each year and differ around the globe. Some countries offer much tighter restrictions than others, and some regulations change to the detriment of vapers. However, the recent moves from the Philippines government have been welcomed by vaping activists.

Earlier in the year, legislation was proposed to make changes to the vaping laws in the country, and as of July 25, the bill became law.

What is the updated law for vaping now?

The most important takeaway from the updated law is that it legitimizes the use of vapes as a means for quitting smoking. This helps put the Philippines in line with most of Europe, setting them apart as one of the very few Asian countries to have reasonable vaping regulations.

The new laws allow for nicotine strengths of up to 65mg/ml (6.5%) and lowers the legal age of purchase from 21 to 18. These of course offer great benefits for customers who feel the need for higher strengths and help introduce aid for smokers aged 18-21.

In the Philippines, the legal age for buying cigarettes had always been 18 meaning that until this legislation changed, young smokers had at least 3 years of smoking before being able to legally purchase vapes. The hope is therefore that these changes will help 16 million smokers in the country, including the youngest adult smokers.

These changes also include restrictions on where vaping products can be sold and penalties for stores and online retailers for selling to minors. In a move similar to the UK and Europe, they have also restricted advertising with social media influencers and celebrities.

Another slight change to the laws revolves around flavours. Although the law does not ban flavours outright (a ban on flavours other than menthol and tobacco already exists), it prohibits labels and advertising that use flavour descriptors that may appeal to minors. This includes wording such as those relating to fruit, candy, desserts or cartoon characters.

One of the biggest changes is the change in the authority of who manages vaping. Rather than the FDA, the Department of Trade and Industry (DTI) will have control over the regulations on vaping and heated tobacco products.

The politics behind the changes

At the time of the bill first being introduced, there were some parties who disagreed with the proposed changes including the Philippines Department of Health. However, the FDA had previously angered many after it was revealed that American billionaire Michael Bloomberg attempted to influence Philippines policies with money sent to anti-vaping groups.

The bill was also under review at the same time as the presidency began to change hands, suggesting that possibly it flew under the radar.

Here's hoping that the Philippines continue to trial the new regulations and allow time for them to work, without bending under opposition that aims to oppress vaping as a quit-smoking tool.

The impact of the law changes on manufacturers and brands

As part of the improved regulations, the importation, manufacture, sale, packaging and distribution have also been overhauled. These have been brought in line with internationally accepted standards. But there are still some regulations that brands need to be aware of if they wish to take their products to the Philippines.

For one, the flavour ban restricts vape products to menthol and tobacco flavours only. These also cannot be labelled with fruity/candy/dessert names. Therefore, brands should be careful of product labels, flavour names and flavour descriptions.

Although some tobacco flavours may have naturally fruity tones, they should not be used as a descriptor. With the change of the legal vaping age from 21 to 18, age restriction labels on products will also require updating.

How Xyfil can help E-Liquid brands as a Toll Manufacturer

We pride ourselves in being able to help you through any and every step of the process, from concept to shelf. Whether you’re new to the business and want to take your first steps into creating an E-Liquid brand, looking for an E-Liquid manufacturer in the UK to develop your products, or have an existing product that needs some re-work. We’re here to help.

Our services cover all aspects of manufacturing, including white label and OEM, and compliance. We offer expert teams who can develop unique flavours, manufacture and produce your E-Liquids, bottle and label your products, and even offer a creative studio that can develop/update packaging, labels, logos and POS.

As a leading E-Liquid manufacturer in the UK, Xyfil has the trust of the many brands we have already helped take to market in the UK, EU and overseas. Get in contact with us today to see how we can help you.

Author Hannah Rubery Categories CBD, E-Liquid, Manufacturing, Regulations, White Label Posted on

British Manufacturer for E-Liquids & CBD

A leading E-Liquid and CBD manufacturer in the UK.

Why should you choose Xyfil for your manufacturing needs? There are a lot of reasons why we make a great fit for those looking to start an E-Liquid or CBD brand. We’ve already helped hundreds of brands take their products to market, including several award-winning names (Pod Salt, Cali Greens and more) that continue be recognised by the industry.

Here are a few of the reasons why you should choose Xyfil for your manufacturing needs.

ISO & GMP certified

Xyfil is one of the very few British E-Liquid manufacturers that has not only been ISO 9001 certified, but GMP certified also. This is a massive step for us in showcasing our commitment to quality and safety.

ISO 9001 sets out the criteria for a quality management system and is a certified standard used by all good quality manufactures. This standard is based on several management principles used to ensure quality. These include: a strong customer focus, motivation, and involvement of top management, plus processes for continual improvement.

ISO 9001 certification ensures that companies provide customers with consistent, good quality products and services. As a manufacturing company, we at Xyfil are proud of our ISO 9001 accreditation as it shows we are consistently pushing to provide our customers with only the very best.

GMP (Good Manufacturing Practice) is often used by many manufacturers as a guideline system for ensuring that products are consistently produced and controlled according to quality standards. It is designed to minimise risks involved in production that cannot be eliminated by testing the final product.

Most companies use this, but few are GMP certified. We have gone the extra mile to ensure that our customers can have the utmost peace of mind with us, and have been certified to GMP standards, showcasing our continued effort in providing the very best possible.

Quality assurance with full traceability

We ensure that your products are in safe hands whether they are manufactured here or delivered to us ready to be bottled and labelled. There are a variety of ways we do this following our ISO and GMP practices, but also through our full traceability process.

At Xyfil, we like to make sure that from start to finish, we have full accountability for every aspect. This includes supply chains and ingredients, to manufacturing and production work, all the way to the creative studio designs and eventual dispatch from our doors. Every step of the way is tracked so that should any errors occur, we can quickly and efficiently find the point of issue and correct it with as little impact on the product as possible.

Versatile toll manufacturing

Xyfil not only offers white label manufacturing and OEM (Original Equipment Manufacturer), but we also operate as a Toll Manufacturer. This essentially means that at whatever point in the process you may require work, we are able to help. Not all who are in the market for a E-Liquid or CBD manufacturer in the UK require the full manufacturing process.

Some may only need the ability to bottle their products, or need the creative aspects such as logos, POS, packaging & labelling. There are some who are looking for help with regarding compliance testing of products to ensure they meet market regulations. No matter the scale of your products or business, no matter the step of manufacturing you are currently in, Xyfil can help.

Bottling

Already have a formulation ready for bottling, but don’t have the means to do so? We can offer our bottling services for any non-edible liquid including E-Liquids, CBD, hand sanitiser and more. With a wide range of bottle solutions that cover many of the industry standard sizes and shapes for E-Liquids, CBD and cosmetic products, there is a bottle/container for everything.

Creative studio

Work with us on your branding, product labels, product packaging and more. Our in-house creative studio is able to offer white label and OEM solutions for your brand. With experts in all things creative, we are able to effectively create stunning product & packaging designs, full media kits including web content, and POS for stores.

Compliance

Seeking regulatory compliance can be tricky and time-consuming, but we make it as simple as possible. Our in-house compliance team are here to help you make sure your products are market-specific and meet the trade licenses of the country you wish to sell in. This includes both E-Liquid and CBD. We are uniquely experienced in securing regulatory approval in the UK, EU and across many international markets including the Middle East.

Adaptable, capable, sustainable

In a market as ever-changing as the vaping industry, it is important to remain versatile and adaptable to changes. Vaping regulations often change around the globe with some having long-standing effects. To be able to remain present as a brand, under these situations can be daunting but it is something that we strive to work with. Whether it be flavour bans, limits on nicotine strength or E-Liquid capacities, Xyfil is capable of rectifying such changes.

Seen before in the application of the TPD regulations in the UK and EU, Xyfil was among the very first to update product lines to create compliant products that were immediately back on shelves for consumers.

Whether regulatory changes mean a flavour ban on all things other than tobacco, Xyfil offer a wide range of tobacco flavours in our white label packages, or new regulations on nicotine-containing products, we are able to adapt and are capable of meeting the new demands quickly and efficiently.

If you think that Xyfil would be a great fit for you, contact us today to find out exactly how we can help you.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

Malaysia Vape Tax to Hit E-Liquid Hard

The Malaysian tax on nicotine E-Liquid

Last year, the Malaysian government decided that vaping needed to become more regulated due to its increasing popularity. Along with the sudden Tobacco and Smoking Control Bill approved July 13, 2022, that bans the sale of vape products to those born after 2005, they are going ahead with their planned tax increase on nicotine-containing products including nicotine-free E-Liquids. Originally the new taxation on E-Liquids was due to take effect on January 1st 2022 but was delayed due to complaints from consumers and the vaping industry.

The plans would see the price of vaping products triple their current prices.

Currently vaping products that contain nicotine are not legally allowed for sale in Malaysia. At first vapers rejoiced at hearing the government’s plans to legalise and regulate vaping, however, the cost may be too great. The current tax rate on nicotine-free products is RM 0.40, but with the tax hike, it will go up to 1.20 RM per millilitre. That’s around an extra $17 on a 60ml bottle of E-Liquid.

How popular is vaping in Malaysia?

Originally, vaping was seen as a niche market in Malaysia however since then there are approximately 1.12 million vapers in Malaysia and is touted to continue to grow. 94% of these were previous smokers, a number that should be celebrated considering the reduction in harm by swapping to vaping. Not only this but there are more than 3,300 businesses related to the vaping industry, and so feeding the growth is likely to grow the economy and potentially invite foreign direct investment (FDI). Data collected in 2021 suggested that 80% of Malaysian people are in favour of regulations being introduced for vape products.

However, all of these great things can be hindered by the wrong sort of regulations.

Problems with the proposed vape tax going forward

One of the problems with this tax hike on vaping products means that incredibly, E-Liquids will become more expensive than cigarettes. Considering that vaping is generally agreed on being much less harmful than smoking, the fact that vaping products will be taxed harsher than cigarettes has many rightly concerned.

Similarly, there are worries that because of the sharp increase in price that manufacturers and retailers will have to make decisions on, put these legal products at odds with the much cheaper, black market products. Due to the legal state of nicotine-containing products in Malaysia, a black market has arisen to cater for the needs of vapers who want these products. With the increase in prices of vaping products which will see them become more of a luxury item, those using vaping to quit smoking could possibly quit vaping and re-take up smoking or purchase the much cheaper black market options. Neither are ideal.

This is not to say that regulations are a bad thing, on the contrary, we’ve seen that regulations can be beneficial. They help to establish a safe vaping market with products that are intended to help reduce harm. As seen by us here in the UK, our vaping regulations are some of the strictest in the world and yet it has allowed the vaping industry here to flourish.

In the case of the Malaysian government, an open conversation needs to be had between the governing bodies and representatives from the industry. Establishing regulations is ideal but ensuring that those regulations are fair and just, is a must to avoid creating more harm than good.

What do you think, should Malaysia opt for similar regulations to that in the UK?

Author Hannah Rubery Categories E-Liquid, Regulations, Xyfil Updates Posted on

German Tobacco Tax Impacts E-Liquids Per ml

Back in 2011, the German Bundestag made a sudden amendment to the Tobacco Tax Act in an effort to modernise it. This resulted in an increase in tax for tobacco-containing products. But as of the 1st of July 2022, E-Cigarettes and E-Liquids, even those that do not contain nicotine, will also be subject to tobacco taxation.

The reform of the Tobacco Tax Act

On the 11th of June 2021, the German Bundestag made amendments to their Tobacco Tax Act with the Tobacco Tax Modernisation Act (TabStMoG). Originally it had been put forward that April but after various meetings, the Finance Committee further tightened the planned changes. The changes were aimed at increasing the tobacco tax for conventional cigarettes, cigars, cigarillos and fine-cut tobacco, as well as heated tobacco and water pipe tobacco.

All of this, of course, is in aid of trying to meet the EU's demand for becoming smoke-free. Therefore, as of 2022, smokers will have to pay more rising to 10 cents per pack, with a further 10 cents being added each year until 2025 and 2026 when it will increase to 15 cents per pack.

The new update to include E-Cigarettes & nicotine-free products

The new changes also dictated the future of E-Cigarettes in Germany. At the time of the amendments, it was mentioned that E-Cigarettes and nicotine-free products would be included in the future. And as of 1st July 2022, these will now constitute as a taxable item.

These changes have resulted due to an assumption by the German government, that vaping products are equally as harmful to health as tobacco products. Despite the expert advice and countless pieces of evidence that suggest the opposite, they hope this new tax will reduce the usage of vaping devices.

Taxation is calculated on a millilitre basis based on the volume of the substance. Products with high ml counts such as shortfills are likely to become much more expensive. As of July 2022, the tax rate is 16 cents per millilitre, which will then rise to 32 cents per millilitre from 2026.

Possible consequences of the taxation

It’s no surprise that these changes are going to impact businesses and consumers. Wildly criticised for its demonising approach to vaping, there are obvious concerns that it may drive fewer people to quit smoking. There's also the possibility it may push consumers to purchase cheaper products from other places in the EU. Even more questionably, the inclusion of nicotine-free products in this agenda means that shortfills no longer are likely to be a popular choice for vapers looking to get more for their money.

For businesses, investing in smaller bottle sizes is more likely to become the go-to in an effort to keep prices low for consumers. Rather than the typical 10ml bottles, smaller sizes like 5ml are likely to become more popular. The new taxation is likely to impact the pricing of products which quickly becomes a battle of profit vs sellability. Will consumers pay a higher price point for the products they enjoy? Especially if they can buy them elsewhere, cheaper.

Helping businesses establish updated product ranges to suit market changes and regulations is a speciality of Xyfil. We constantly keep up to date on the latest from the vaping industry to ensure that we can cater to global needs.

Here at Xyfil, we offer a wide variety of E-Liquid types and sizes including small bottle concentrates. Already we are working with brands who wish to keep their products in Germany, to update their products and packaging to reflect the new regulations. If you want to take your E-Liquid products to Germany, get in contact with us today.

Author Hannah Rubery Categories Compliance, E-Liquid, Manufacturing, Regulations Posted on

How to Bring Your Brand to the UK Market

Looking to expand and take your product elsewhere? Understanding the regulations for the country you wish to sell your vaping products, is essential as they differ around the globe. And it is certainly worth taking your product to other markets, especially if it’s already receiving great success elsewhere. Let’s briefly look at the different regulations that govern the three main territories, and how they might differ from those in the UK.

The regulations for other countries

If your products are already listed in these countries, then chances are you are already aware of the different regulations. Here’s a brief list of the key regulations across the EU, US and Middle East.

EU Regulations

  • Child-resistant & tamper-proof packaging
  • Must notify the appropriate regulatory body with ingredients in E-Liquids components in devices and refilling mechanisms of devices
  • Devices must be protected against breakage and leakage
  • It must be possible to refill devices without leakage
  • Devices must deliver a consistent dose of nicotine per puff
  • Capacity of tanks, pods and cartridges must be no more than 2ml
  • E-Liquids containing nicotine must be sold in volumes of 10ml or less
  • Nicotine strengths of E-Liquids must not exceed 20mg/ml
  • Legal age for vaping is set at 18 for most EU countries
  • E-Cigarettes and re-fill containers can’t be advertised or promoted, directly or in-directly

These TPD regulations guide the majority of EU countries in their handling of E-Cigarettes and vape products. However, there are some countries that have begun to implement flavour bans or ban vaping entirely. Find out more about EU regulations here.

US Regulations

  • Register your establishment and submit a list of products, labelling and advertisements
  • Submit data and pay user fees
  • Submit an ingredient listing
  • Apply to market a new tobacco product via one of three pathways
  • Submit quantities of harmful and potentially harmful constituents
  • Submit tobacco health documents
  • Submit a warning plan for smokeless tobacco
  • Include required warning statements on packages and advertisements
  • Submit a modified risk tobacco product (MRTP) application
  • Age-restricted for those under 21 years of age

It’s important to note that some states in the US have also implemented flavour bans. This means they only accept tobacco-flavoured vapes and E-Liquids. Some of the regulations differ between states with some outright banning vaping altogether.

UAE & Middle East Regulations

  • maximum nicotine concentration is capped at 20mg/ml
  • maximum tank capacity is no more than 10ml
  • maximum capacity of refill packages is no more than 50ml
  • must display all health warnings in Arabic and English that must cover at least 50% of the main display area. English to appear on the lower front, Arabic on the lower back.
  • must also display a health warning in Arabic and English: “This product may pose a health hazard when inhaled, swallowed or gets in contact with the skin.”
  • must not contain a variety of harmful ingredients & additives including cinnamic compounds
  • Prohibited to those under the age of 18

Some of these regulations can differ depending on the country as some Middle Eastern countries have outright banned vaping.

Many of these share similar restrictions with the main ones to take note of, are the limitations on size, strength, and ingredients, as these have an impact on the product you manufacture. Products that do not abide by the regulations of the country for reselling, will be classified as illegal and could be disposed of by authorities. Find out more about UAE regulations here.

Regulations for the UK

When bringing your brand and established products to the UK, you need to take into account the regulations established by TRPR (Tobacco and Related Products Regulations).

  • E-Liquid bottles that contain nicotine can be no larger than 10ml
  • Tanks, pods and cartridges can be no larger than 2ml
  • The maximum nicotine strength allowed is 20mg/ml (2%)
  • E-Liquids must not contain any ingredients that are disallowed
  • E-Cigarette packages must include an information leaflet
  • Packaging must include nicotine warnings on the front and back, covering 30% of the size

These regulations are very similar to the EU regulations with only small differences, but it’s important to make sure that your E-Liquid products match the specified strengths, max capacity, and warnings. Find out more about UK regulations here.

It is also worth noting that in the UK, advertising E-Cigarettes and vaping products is strictly regulated with only a few exceptions. Similarly, vaping products are age-restricted for those under the age of 18 and it should be a brand’s interest to ensure their products do not appeal to those who are underage.

For those with brands that cross different countries with different regulations, it could become the norm to label vaping products with the country it is intended to be sold in. Products like ELUX vapes have now begun including a ‘not for sale in the UK’ to their packaging for products intended for US markets. This is intended to help retailers from accidentally stocking products not legal in their country.

How Xyfil can help get you into the UK market

As a leading British E-Liquid Manufacturer, we have over ten years of experience in manufacturing and the production of E-Liquids suitable worldwide. We have helped hundreds of brands to market in the EU, UK and Middle East and more. Between our in-house compliance team and highly experienced members in all departments, we ensure that the products you want are suitable for the market you wish to hit. Whether that’s from the ground up with our white label and OEM E-Liquid manufacture, or with your pre-produced E-Liquids, we cover it all.

Xyfil is equipped to bottle your products in compliant bottling solutions, and our creative teams are able to create/edit product packaging to suit your needs. We offer many white label products which are already created and compliant for EU, UK and the Middle East to help you hit markets quicker. Or alternatively, if you’re looking to alter your existing products to suit new markets, we are more than equipped to handle any changes in product capacity, testing, packaging and more.

Contact us today to find out more about how we can help you.

Author Hannah Rubery Categories Compliance, E-Liquid, Regulations Posted on

Industry news – Danish Government Proposes Nicotine Ban

In a move that mirrors New Zealand’s prior shift in nicotine-containing products, Denmark is following in their steps. Recently, the Danish government have proposed a nicotine ban to anyone born in 2010 or after. No doubt in hopes of ensuring future generations remain nicotine-free.

The proposed bill is believed to help reduce the number of smokers, coming into effect in 2028 – when those born in 2010 turn 18. From then on, the legal age requirement for buying nicotine-containing products will increase each year. Importantly though, it is noted that they are not banning the use of nicotine-containing products, just the ability to buy them. So, what does this mean?

There are concerns that this style of strategy fails to consider tobacco harm reduction by limiting items such as E-Cigarettes and E-Liquid. Any vaping product that contains nicotine will also fall under this ruling and therefore manufacturers and brands need to be on the lookout.

Compliance labelling – Keep your vaping products compliant

These new market changes can happen quickly and sometimes before companies have a chance to react. Luckily this occurs less and less nowadays but changes to regulations do still occur. And these require brands and companies to rethink their strategies and their products.

Lately, there have been many countries that have started to lean towards banning flavours. This has resulted in brands having to limit their flavour lists or create whole new ranges to remain relevant. Similarly, the move towards changing the legal age for purchasing nicotine-containing items may require brands to change up their product warning labels each year, to mirror the changing age limit.

This could be quite costly for companies having to re-print/re-package their products each year. Or perhaps compliance guidelines for these countries may take on a new approach?

In our opinion, we believe it is possible that governments will change the legislation for product labelling for nicotine-containing products. Currently, to be TPD compliant, vape products that contain nicotine must have an ’18’ age restriction symbol on the packaging and labels. Thereby it could be very likely that a new symbol to signify age restriction is created and will become a requirement for products to be sold in affected countries. But at this moment in time, there have been no talks on the subject, possibly due to the legislation not yet coming into effect. We’ll keep you posted as soon as we know.

The ability to cope with market changes

At Xyfil we are actively on the alert for any market changes that could impact brands and help them manoeuvre the market. Whether it’s updates to regulations, changing flavour recipes, updating information on product labelling and more, we’re here to help.

Our in-house compliance team are dedicated to ensuring that your products meet the necessary requirements for the market you wish to target. And with our 10+ years of experience in manufacturing, R&D, production, flavour development, logistics and more, Xyfil are more than ready to help.

Keep in the know with the latest in the vaping industry with us at Xyfil. Check our info hub for more news.

1 2 3 4 5