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Author Pradip Suwal Leave a comment Categories Compliance, E-Liquid Posted on

How E-Cigarette Manufacturers Can Achieve RoHS 2012 Compliance

To comply with The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS 2012), e-cigarette manufacturers must follow a structured approach involving material selection, testing, documentation, and certification.

Steps to Achieve RoHS Compliance

Step 1: Identify Restricted Substances in Components

E-cigarettes contain multiple electronic components (e.g., batteries, circuit boards, heating elements) that may have lead, mercury, cadmium, or other restricted substances. Manufacturers should work with suppliers to source RoHS-compliant materials for lithium-ion batteries, circuit boards, soldering materials, heating coils, metal parts, and casings, ensuring they avoid restricted substances.

Step 2: Conduct Material Testing and Analysis

Manufacturers must conduct material testing to confirm RoHS compliance using approved methods like X-ray fluorescence (XRF) screening, Inductively Coupled Plasma Mass Spectrometry (ICP-MS) and Gas Chromatography-Mass Spectrometry (GC-MS). These tests can be carried out by accredited third-party laboratories that issue RoHS compliance certificates.

Step 3: Maintain Technical Documentation

Manufacturers must maintain comprehensive technical documentation to demonstrate RoHS compliance, including material declarations from suppliers, test reports from certified laboratories, a Bill of Materials (BoM) listing all components, risk assessment reports, a Declaration of Conformity (DoC), and UKCA/CE marking records, which are necessary for selling in the UK and EU. These records ensure ongoing compliance and transparency in the manufacturing process.

Step 4: Apply UKCA/CE Marking and RoHS Labelling

Upon confirming compliance with the RoHS Directive, manufacturers are required to affix the UKCA or CE marking to their products. These markings serve as the sole indicators of conformity with RoHS requirements. The use of additional symbols such as the "RoHS Tick," "RoHS Compliant," or similar markings is prohibited.

  • Products sold in Great Britain (GB) must carry the UKCA marking instead of CE.
  • Products sold in Northern Ireland (NI) must still comply with EU RoHS and carry the CE mark.
  • Manufacturers may need dual certification (UKCA + CE) if selling in both GB and the EU.
  • The UKCA/CE mark should be placed on the product itself. However, if this is not possible due to the product's size or shape, it can appear on the packaging or in the product documentation.
  • The UKCA mark must be at least 5mm in height. Larger sizes are acceptable as long as the proportions are maintained.
  • The mark should be easily visible, legible, and permanently attached to the product or its packaging.

Step 5: Regular Audits and Supply Chain Monitoring

Manufacturers should conduct regular supplier audits to ensure that materials consistently meet RoHS requirements and periodically re-test products, particularly when switching suppliers or materials, to maintain ongoing compliance.

Restriction of Hazardous Substances (RoHS) labelling requirements:

These labelling requirements ensure that products meet UK/EU standards for safety, health, and environmental protection, as outlined in the UKCA/CE marking regulations.

Manufacturer’s labelling obligations
1. CE (or UKCA) Marking:a) The CE (or UKCA) mark must be visible on the product to indicate that the product conforms to the essential health and safety requirements of relevant European (CE) or UK regulations (UKCA).
b) The mark should typically be at least 5mm in height. If the product size doesn't permit this (e.g., very small products), a size exclusion might apply, allowing for a smaller mark. However, this must still be legible and identifiable.
2. RoHS Status Indication:The CE and UKCA marks are the sole indicators of a product's conformity with the RoHS Directive. Affixing additional symbols such as the "RoHS Tick," "RoHS Compliant," or similar markings is prohibited.
3. Marking Coverage:The CE or UKCA mark must be on the product itself, but if it is not feasible due to the product's size or shape, it can appear on the packaging or in the product documentation. Additional markings (e.g., safety certifications, compliance symbols) can also appear alongside the CE/UKCA mark, but they should not obscure it.
4. Product Identification:There should be a clear and visible identifier like a model number, batch number, or serial number to help with product traceability.
5. Manufacturer's Information:The manufacturer's name, trademark, or trade name must be clearly displayed.
6. Manufacturer's Address:The manufacturer's postal address should be provided, which helps authorities or consumers contact the manufacturer in case of issues with the product.
7. Address Location:The manufacturer's address should be within the relevant regulatory jurisdiction, whether the UK or the EU, to ensure compliance with local laws. For UKCA, it should be a UK address, and for CE marking, it could be within the EU or European Economic Area (EEA).
Importer's Labelling Obligations (Applicable if the manufacturer is based outside the UK)
8. Importer’s Information:The importer’s name, trademark, or trade name should also appear on the product, especially if the product is imported into the UK from a non-UK manufacturer. This ensures traceability for imported products.
9. Importer’s Address:The importer’s address must be included. This helps authorities track and reach out to the importer for compliance purposes.
Indelibility (Only applicable if the CE mark is present on the product)
10. Mark Durability:The CE mark must be durable and should not be easily removed, ensuring that it stays legible throughout the product's lifespan.
11. Mark Resistance:The CE mark should be resistant to gentle rubbing or wiping. It should remain intact, even when cleaned, to avoid the risk of the mark becoming unreadable.

Waste Electrical and Electronic Equipment (WEEE) labelling requirements:

These labelling requirements are mandated by the Waste Electrical and Electronic Equipment (WEEE) Directive to ensure proper disposal and recycling of electronic products. Compliance with these obligations helps protect the environment and promotes the sustainable management of electronic waste

Manufacturer's Labelling Obligations under the WEEE Directive
1. Affixing the WEEE Symbol:The crossed-out wheeled bin symbol must be clearly displayed on each item of electrical or electronic equipment. This symbol indicates that the product must not be disposed of in regular household waste and should be separately collected for recycling or disposal.
2. Symbol Visibility and Durability:The WEEE symbol must be clearly visible, legible, and indelible on the product. It should remain intact throughout the product's lifetime and should be durable enough not to fade or be easily removed by normal handling or cleaning.
3. Symbol on Packaging and Documentation:The crossed-out wheeled bin symbol should also appear on the packaging, user instructions, and any warranty documents associated with the product.
4. Exceptions Due to Product Size or Function:In cases where the product is too small or if the function of the product makes it difficult to display the symbol directly on the product, the WEEE symbol can be placed on the packaging, user instructions, or warranty documents instead.
5. Date of Manufacture or Market Release:The date of manufacture or market release of the product should be indicated on the product. If the date cannot be directly marked on the product due to space limitations, a black bar beneath the WEEE symbol may be used to indicate that the product was placed on the market after the implementation of the WEEE Directive.
6. Durability of Date Mark:The date mark on the product must be durable to ensure it remains visible and accurate throughout the product's lifecycle.
Author Pradip Suwal Categories Compliance, E-Liquid, Regulations Posted on

RoHS (Restriction of Hazardous Substances) Regulations 2012

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS 2012) is a UK regulation designed to limit the presence of hazardous substances in electrical and electronic equipment (EEE) to protect human health and the environment. It aligns with the European Union’s RoHS Directive (2011/65/EU) and establishes rules for manufacturers, importers, and distributors to ensure compliance.

RoHS 2012 helps reduce environmental contamination and human exposure to toxic substances, promotes sustainable electronic waste management, and encourages the development of safer, more environmentally friendly electronic products.

Key Aspects of RoHS 2012

- Restricted Substances and Limits

RoHS 2012 prohibits the use of specific hazardous substances in EEE, with the following maximum concentration values by weight in homogeneous materials:

SubstanceRestricted Limit (%)Restricted Limit (ppm)
Lead (Pb) CAS No 7439-92-10.11,000
Mercury (Hg) CAS No 7439-97-60.11,000
Hexavalent Chromium (Cr(VI)) CAS No 18540-29-90.11,000
Cadmium (Cd) CAS No 7440-43-90.01100
Polybrominated Biphenyls (PBB) CAS No 59536-65-10.11,000
Polybrominated Diphenyl Ethers (PBDE) CAS No 32534-81-90.11,000
Bis (2-ethylhexyl) Phthalate (DEHP) CAS No 117-81-70.11,000
Butyl Benzyl Phthalate (BBP) CAS No 85-68-70.11,000
Dibutyl Phthalate (DBP) CAS No 84-74-20.11,000
Diisobutyl Phthalate (DIBP) CAS No 84-69-50.11,000

- Scope of the Regulation

The regulation applies to most electrical and electronic equipment, including household appliances (e.g., refrigerators, washing machines, vacuum cleaners), IT and telecommunications equipment (e.g., computers, phones, servers), consumer electronics (e.g., TVs, audio systems), lighting equipment (e.g., LED lamps, fluorescent tubes), electrical tools (excluding large industrial tools), toys, leisure and sports equipment, medical devices, monitoring and control instruments, automatic dispensers, and other electronic devices.

However, certain equipment such as military and aerospace applications, large-scale industrial tools, and specific medical devices may be exempt.

- Compliance and Responsibilities

Manufacturers, importers, and distributors are responsible for ensuring their products comply with substance restrictions, conducting conformity assessments, and maintaining technical documentation. They must affix the CE/UKCA marking to compliant products, issue a Declaration of Conformity (DoC) confirming compliance, and retain compliance records for at least 10 years. Additionally, they must take corrective action for any non-compliant products.

- Enforcement and Penalties

The UK Office for Product Safety and Standards (OPSS) enforces RoHS compliance. Penalties for non-compliance can include:

  • Fines and legal action.
  • Product recalls or market withdrawal.
  • Reputational damage for businesses.

- Alignment with EU and UK Post-Brexit Rules

Although the UK left the EU, RoHS 2012 remains in force in Great Britain, with separate but aligned regulations in Northern Ireland, which follows EU RoHS rules under the Northern Ireland Protocol.

Importance of RoHS 2012 for E-Cigarette Manufacturers

E-cigarette manufacturers must comply with the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS 2012) because e-cigarettes (vapes) fall under the category of electrical and electronic equipment (EEE). Even nicotine-free vape devices fall under the scope of RoHS 2012 regulations. Compliance is crucial for legal, safety, environmental, and marketability reasons.

- Legal Compliance and Market Access

RoHS 2012 mandates compliance for all electrical and electronic products, including e-cigarettes, to ensure safety and environmental protection in the UK. Manufacturers must meet these standards and apply the CE/UKCA marking to access the market legally. Non-compliance can lead to fines, recalls, or bans, jeopardizing business operations and profitability.

- Consumer Safety

E-cigarettes contain electrical components (e.g., batteries, circuit boards, heating elements) that that must be free from hazardous substances like lead, cadmium, mercury etc to protect consumer health. Exposure to heavy metals can pose serious risks if inhaled or leached from device materials. Using safer, RoHS-compliant materials minimizes contamination, ensuring long-term safety for users.

- Environmental Protection

E-cigarettes contribute to electronic waste (e-waste), and improper disposal can release toxic substances like lead and cadmium into the environment, contaminating soil and water. RoHS restricts the use of these harmful materials, while using eco-friendly components enhances recyclability and reduces the environmental impact of discarded vape devices.

- Quality and Product Durability

RoHS compliance encourages manufacturers to use higher-quality, safer materials, enhancing the durability and performance of e-cigarettes. Substandard components can degrade quickly, leading to safety hazards like battery leaks, overheating, or explosions. By ensuring compliance, manufacturers reduce the risk of electronic failures and recalls, thereby boosting consumer trust in their products.

- International Trade and Reputation

RoHS-compliant e-cigarettes meet international safety standards, making it easier to export to markets such as the EU, UK, and the UAE. Manufacturers with a strong reputation for compliance and sustainability build trust with consumers and attract eco-conscious buyers, enhancing their brand's appeal globally.

Author Hannah Rubery Leave a comment Categories E-Liquid, Regulations Posted on

Bulgaria’s Vape Ban and What It Means for the Industry

Bulgaria has been sparking debates among vapers, vape brand owners, and policymakers. Initially proposed as a complete prohibition, the vape ban has shifted focus, raising crucial questions about its implications on both industry and public health.

This post examines Bulgaria’s evolving stance on vaping laws, the challenges posed by European Union (EU) regulations, and what the potential restrictions could mean for brands and users alike.

The Initial Proposal and Its Evolution

On 12 February 2025, the Bulgarian National Assembly unanimously voted for a bill to ban all vaping products, including zero-nicotine variants. This sweeping move aimed to eliminate the sale, distribution, and advertising of e-cigarettes across the country. The decision came in response to rising concerns around vaping products, spurred by a tragic incident involving a black-market THC vape.

However, this ambitious total ban faced immediate complications. By late February, Bulgarian lawmakers started revising their approach. Now, they are considering alternatives like banning only disposable vapes or flavoured products, instead of outlawing vaping entirely.

The revision isn’t just about practicality; it also highlights the difficulties of navigating EU regulations, which govern vaping products as legal consumer goods across member states.

EU Regulations and the Complexity of a Total Ban

Implementing a full ban on vaping products in Bulgaria would be incredibly challenging due to EU laws and the bloc's single-market economy principles.

Under the EU’s 2014 Tobacco Products Directive (TPD), vaping products are legal and regulated. This makes outright bans difficult to justify within the framework of the single market, where goods that comply with EU regulations are allowed to be sold freely across member states. Any national restrictions must be notified to the European Commission through the Technical Regulations Information System (TRIS), a process that allows EU citizens and member states to provide feedback on proposed laws.

As the chairman of Bulgaria’s health committee, Kostadin Angelov, noted, pursuing a full ban could take years due to likely objections at the EU level. Such a measure may even be deemed as market interference, rendering it practically impossible to implement.

By comparison, bans on disposable vapes or flavoured products stand a greater chance of securing approval under the TRIS framework. Similar restrictions have been approved in other European countries, making this a more viable path for Bulgarian lawmakers.

The Focus Shifts to Disposable Vapes and Flavours

Shifting the focus towards banning disposable vapes or flavoured products offers a less contentious alternative for the Bulgarian government. Disposable vapes, often criticised for their environmental impact, and flavoured products, perceived as appealing to younger demographics, have already been targeted by restrictions in other EU countries. These types of bans could be enacted more quickly, taking just a few months once permission is granted through the TRIS system.

Despite being less dramatic than a total ban, these restrictions are still significant. Disposable vapes make up a large portion of the vaping market due to their affordability and convenience. Likewise, flavoured products play a critical role for users transitioning away from traditional cigarettes. According to the World Vapers’ Alliance (WVA), access to flavours is a key factor in helping smokers quit and maintain their switch to safer alternatives.

Implications for Vapers and Vape Brands

For vapers, any form of restriction could reduce access to regulated vaping products. The WVA has warned that limitations, particularly on widely used items like disposable vapes, could push users back towards smoking or unregulated black-market products. Bulgaria already has the highest smoking rate in the EU, with 37% of adults smoking, and restricting harm-reduction tools could hinder efforts to reduce this alarming figure.

For vape brands, these developments present both challenges and opportunities:

  • Compliance Hurdles: Companies operating in Bulgaria may need to adapt swiftly to new regulations, potentially phasing out disposable products or altering their flavour offerings.
  • Market Shifts: A flavour ban could drive demand for unflavoured or tobacco-flavoured E-liquids, requiring brands to pivot their product lines to remain competitive.
  • Black Market Risks: The banning of disposable vapes or flavours could inadvertently fuel illicit trade, similar to what has happened in other regions with restrictive vaping laws.

Brands with a strong focus on community engagement and harm-reduction advocacy may find opportunities to influence the development of more balanced, evidence-based regulations.

A Broader Debate on Harm Reduction

Bulgaria’s attempt to tackle vaping through restrictive measures has reignited an ongoing debate about harm-reduction strategies. Countries like Sweden, New Zealand, and the UK have embraced harm reduction and are on track to achieve "smoke-free" goals. By contrast, Bulgaria’s high smoking rate underscores the importance of providing safer alternatives rather than limiting access to them.

The WVA has strongly criticised Bulgaria’s proposed ban, stating that it ignores evidence-based policymaking. Their open letter to lawmakers urges the government to adopt regulations that promote harm reduction, such as stricter enforcement against black-market products and improved public education on vaping safety.

What’s Next for Vaping in Bulgaria?

The outcome of Bulgaria’s legislative process could have far-reaching implications for the vaping industry across Europe. Whether the focus remains on disposables, flavours, or something else entirely, this situation highlights the need for balanced regulations that protect public health without stifling access to harm-reduction tools.

For vapers and vape brand owners in Bulgaria, staying informed and engaged in the legislative process will be key. Engaging with advocacy groups like the WVA can help amplify voices calling for sensible, evidence-based approaches to regulation.

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

Understanding CLP Regulation for E-Liquid Manufacture

Co-written by Pradip Suwal and Hannah Rubery.

The Classification, Labelling, and Packaging (CLP) Regulation (EC) No 1272/2008 establishes a unified framework across the European Union for classifying, labelling, and packaging chemicals. Aligned with the United Nations' Globally Harmonized System (GHS), it ensures chemical hazards are communicated clearly and consistently. By mandating accurate warning labels and comprehensive safety information, the regulation aims to protect individuals and promote the safe handling, transport, and use of chemicals.

Importance of CLP Compliance for E-Liquid Manufacturers

The CLP Regulation is a critical framework for e-liquid manufacturers, governing the classification and labelling of nicotine and other components like propylene glycol, glycerol, and flavourings. Its purpose is to ensure consumers are fully informed of any potential risks associated with these products.

Compliance with CLP is not just a legal requirement—it’s essential for building consumer trust and maintaining market access. Failure to comply can lead to heavy penalties, reputational damage, and restricted market opportunities. Here’s why the CLP Regulation plays a vital role for e-liquid manufacturers:

  • Ensuring Consumer Safety: CLP regulations provide clear and accurate hazard information, enabling consumers to use e-liquids safely. This is especially important for nicotine-containing products, where risks like toxicity or irritation need to be clearly communicated.
  • Meeting Legal Obligations: Compliance with CLP is mandatory for manufacturers operating within the EU. Non-compliance can result in severe consequences, including fines, product recalls, or outright bans.
  • Securing Market Access: Aligning with CLP standards allows manufacturers to sell their products in the EU and other markets with similar regulations. This not only ensures legal market entry but also boosts credibility and expands global reach.
  • Protecting the Environment: CLP encourages manufacturers to assess and minimize the environmental impact of their products, including the safe handling and disposal of chemicals to prevent harm to ecosystems.

For E-liquid manufacturers, adherence to the CLP Regulation is more than just a procedural necessity—it’s a cornerstone of safe practices, legal compliance, and long-term success in a competitive and regulated market.

Implementing CLP Regulations in E-Liquid Manufacturing

E-liquids containing nicotine are regulated under the CLP Regulation, requiring manufacturers to accurately classify and label their products. This process is based on the nicotine concentration and any other hazardous properties. It involves identifying appropriate hazard categories, selecting relevant pictograms, assigning signal words, and crafting precise hazard statements.

1.   Classification

The Tobacco Products Directive (TPD) mandates that e-liquids must contain only high-purity ingredients, with the exception of nicotine. All other components must be safe for human health in both their heated and unheated states. Consequently, the acute toxicity classification of e-liquids is primarily determined by their nicotine content. In some cases, certain flavouring ingredients may also influence this classification. However, when evaluating e-liquids, the concentration of all ingredients should be taken into account.

This article provides general guidance on the CLP classification of e-liquid mixtures, with a particular emphasis on nicotine content. The impact of flavouring ingredients is beyond the scope of this document. Instead, the acute toxicity of e-liquid formulations will be assessed solely based on their nicotine concentration.

Nicotine (CAS No. 54-11-5) is classified under Annex VI of the CLP Regulation with the following hazard categories:

Hazard Class & CategoryHazard Statement, Pictogram & Signal WordAcute Toxicity Estimate (ATE)
Acute Tox. 2 (Oral)H300: Fatal if swallowed.

Danger
5 mg/kg
Acute Tox. 2 (Dermal)H310: Fatal in contact with skin.

Danger		70 mg/kg
Acute Tox. 2 (Inhalation)H330: Fatal if inhaled.

Danger		0.19 mg/L (powder/mist)
Aquatic Chronic 2H411: Toxic to aquatic life with long-lasting effects.

Warning		-

Using the ATE values provided by ECHA's Committee of Risk Assessment Experts (RAC) and the formula outlined in Annex 1 of the CLP Regulation:

  • ATEmix represents the estimated acute toxicity of the mixture, while ATEi refers to the acute toxicity of each individual component. The classification of refill liquids is determined based on the nicotine concentrations they contain.

Table below shows the classification of refill fluids according to CLP Regulation, based on the harmonized classification approved for the 13th ATP.

Nicotine ConcentrationClassification (including pictograms and H phrases)
0% ≤ Conc. < 0.25%Not classified as a hazardous mixture.
0.25% ≤ Conc. < 1.7%Acute Tox. 4 H302: Harmful if swallowed.

Warning
1.7% ≤ Conc. ≤ 2.0%Acute Tox. 3 H301: Toxic if swallowed.

Danger

2. Labelling

Once E-liquids are classified, they must be labelled according to CLP guidelines. Labels must include:

  • Product Name: The exact name of the E-liquid.
  • Hazard Pictograms: Relevant symbols, such as the skull and crossbones for toxicity or the exclamation mark for irritants.
  • Signal Word: "Danger" or "Warning," depending on the hazard severity.
  • Hazard Statements: Specific dangers, e.g., "Toxic if swallowed" or "Causes skin irritation."
  • Precautionary Statements: Safe handling instructions, e.g., "Keep out of reach of children" or "Wear protective gloves."
  • Nicotine Content: The nicotine concentration in mg/ml.
  • Supplier Information: The manufacturer’s or supplier’s name, address, and contact details.

3. Packaging

E-liquids with high nicotine concentrations must comply with CLP guidelines for safe packaging. To prevent accidental exposure, particularly for children, child-resistant packaging is mandatory for all nicotine-containing products, significantly reducing the risk of poisoning.

Additionally, E-liquids must be stored carefully to minimize chemical degradation, fire hazards, or accidental spills. Proper storage involves using well-suited containers that are clearly labelled and fully compliant with CLP standards for safe handling.

Conclusion

Adhering to the guidelines for E-liquid labelling and packaging is essential to ensure consumer safety and compliance with legal standards. Proper labelling, child-resistant packaging, and careful storage all play a vital role in minimising risks associated with these products.

It is important to note that the regulations governing E-liquids and nicotine-containing products have been updated as of November 2024, reflecting the latest safety and compliance measures. All manufacturers and suppliers are urged to review these changes thoroughly to guarantee full compliance with current standards.

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

Need to Know Updates to the CLP Regulations (2024/2865)

Co-written by Pradip Suwal and Hannah Rubery.

On November 20, 2024, the European Union announced a pivotal update to chemical regulations, publishing Regulation (EU) 2024/2865 in the Official Journal. This amendment revises the Classification, Labelling, and Packaging (CLP) Regulation (EC) No 1272/2008, introducing substantial changes to how chemical substances and mixtures are classified and labelled across the EU, with many of these changes looking to take effect in 2026.

Key Updates:

1. Classification of Substances with Multiple Constituents:

Regulation (EU) 2024/2865 introduces key updates to the classification of complex substances, requiring hazard assessments to be based on individual components rather than their overall composition. This approach prevents the under-classification of substances where hazardous ingredients may be diluted or blended.

The regulation also mandates the evaluation of endocrine-disrupting (ED) and persistent, bioaccumulative, and toxic (PBT) properties using constituent-level data. Notably, plant-derived substances are granted a temporary exemption to allow for further scientific research. By addressing regulatory gaps, these changes aim to ensure more accurate hazard classifications while enhancing protections for both consumers and the environment.

2. Labelling Requirements:

(i)   Digital Labelling: The regulation introduces the option for digital labels, allowing certain label elements to be provided in digital form via a data carrier on the physical label or packaging. However, this is voluntary and complements the physical label.

(ii)  Fold-Out Labels: Fold-out labels are now permitted for all products, provided they meet specific formatting and content requirements. This flexibility allows for the inclusion of necessary hazard information without compromising label readability or design.

(iii) Mandatory EU-based suppliers for online sales: One of the key enforcement measures in Regulation (EU) 2024/2865 is the requirement for a mandatory EU-based supplier for online sales of hazardous substances and mixtures. This change closes a major regulatory gap that previously allowed non-EU sellers to bypass CLP compliance when selling chemicals directly to EU consumers.

(iv) Minimum Dimensions and Font Sizes: The regulation specifies the following minimum dimensions for labels and pictograms, along with the minimum font sizes based on the capacity of the package:

Package CapacityMinimum Label Dimensions (mm)Minimum Pictogram Dimensions (mm)Minimum Font Size (x-height in mm)
≤ 0.5 litresIf possible, at least 52 × 74Not smaller than 10 × 10 If possible, at least 16 × 161.2
> 0.5 L ≤ 3 LAt least 52 × 74At least 16 × 161.4
> 3 L ≤ 50 LAt least 74 × 105At least 23 × 231.8
> 50 L ≤ 500 LAt least 105 × 148At least 32 × 322.0
> 500 litresAt least 148 × 210At least 46 × 462.0

Note: For packages not exceeding 0.5 litres, the specified dimensions should be applied if possible. If not, the pictogram dimensions should be no smaller than 10 × 10 mm.

Additional Formatting Requirements:

To further ensure label readability, the regulation mandates:

  • Text Colour and Background: Text must be printed in black on a white background.
  • Font Style:  A single font that is easily legible and without serifs shall be used
  • Line Spacing: The distance between two lines of text must be at least 120% of the font size.
  • Letter Spacing: Adequate spacing between letters to ensure the selected font is easily readable.

3. Poison Centre Notifications (PCN):

The updated regulations impose new responsibilities on distributors, requiring them to submit poison centre notifications when selling hazardous mixtures across borders or rebranding them. Furthermore, ECHA now has the authority to store and manage emergency response data on behalf of Member States. Unlike the 2008 CLP regulations, which only required manufacturers and importers to submit notifications, these updates address regulatory gaps and ensure poison centres receive accurate and complete information.

4. Promotion of Non-Animal Testing:

The updated regulations encourage the adoption of new approach methodologies (NAMs), including in vitro techniques and computational models, for hazard classification. This marks a significant shift away from the heavy reliance on animal testing seen under CLP 2008. By prioritizing modern, ethical alternatives, the changes reflect the EU's commitment to eventually phasing out animal testing in favour of more advanced and humane methods.

5. New Hazard Classes:

The updated classification criteria introduce two important hazard categories: Endocrine Disruptors (EDs) and Persistent, Mobile, and Toxic (PMT) substances, along with Very Persistent, Very Mobile (vPvM) substances. Endocrine Disruptors are further divided into Categories 1 and 2, addressing risks to both human health and the environment. PMT and vPvM substances, on the other hand, pose a significant threat to water resources.

These revisions fill critical gaps left by the 2008 CLP regulation, which did not specifically account for these classes. By aligning EU legislation with the latest scientific advancements, the updates strengthen chemical risk assessments and promote better protection for people and the planet.

6. Advertising and Distance Selling:

The revised rules for advertising and distance selling now enforce stricter standards. Ads for hazardous chemicals must prominently display hazard pictograms, signal words, and hazard statements. Additionally, misleading terms such as "non-toxic" or "eco-friendly" are prohibited when referring to hazardous substances.

Unlike the previous CLP 2008 regulation, which only required hazard categories to be mentioned in advertisements, the new guidelines provide clearer, more detailed hazard information across both traditional and digital platforms, ensuring greater transparency and consumer safety.

Conclusion

Compliance with CLP regulations is crucial for E-liquid manufacturers to ensure product safety and meet legal requirements. Nicotine-containing E-liquids, in particular, demand meticulous attention to classification, labelling, and packaging according to nicotine strength. Adhering to these guidelines not only safeguards consumers but also helps manufacturers avoid legal risks and foster trust in their brand.

Most of these amendments will come into effect from the 1st July 2026, with some rules like those on formatting, applicable from 1st January 2027. Products which have been placed on the market within these periods do not need to be re-labelled and re-packaged based on the new rules, but they can continue to be in the supply chain until 1 July 2028 and 1 January 2029 respectively. 

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

Disposable Vape Ban in the UK – Single-use vs Reusable

Co-written by Pradip Suwal and Hannah Rubery.

Starting the 1st of June 2025, the UK will implement a nationwide ban on the sale, offering for sale, or possession for sale of all single-use or disposable vapes, both online and in physical stores. This prohibition includes all disposable vapes, regardless of whether they contain nicotine. However, reusable vapes—those that can be recharged and refilled—will remain legal to sell.

The primary goal of this ban is to address the environmental damage caused by single-use vapes, which contribute to litter, waste, and safety hazards such as fires. The legislation applies across all regions of the UK, including England, Scotland, Wales, and Northern Ireland, although enforcement measures may differ between these areas.

Businesses, including retailers and wholesalers, must adapt to the new regulations surrounding vape devices. Under the law, a device will only be deemed reusable if it is both rechargeable and refillable, with easily replaceable components such as coils or pods. Vapes that cannot be refilled or feature non-replaceable parts will be classified as single-use and, therefore, subject to the upcoming ban.

Failure to comply with these regulations could lead to serious consequences, including fines, product confiscation, or even imprisonment. Penalties vary by region, but businesses must ensure their products align with the new standards. Additionally, they should be prepared to provide evidence of compliance during inspections.

In this article, we’ll break down the differences between single-use and reusable vapes, offer clear examples, and highlight which devices will be impacted by the ban taking effect in June 2025.

Single-Use or Disposable Vapes: Explained

Single-use or disposable vapes are designed for one-time use and are meant to be discarded after use. These devices cannot be reused in any capacity. Even if a vape has a rechargeable battery but cannot be refilled with E-liquid, it is still classified as a disposable vape. Similarly, if a vape is refillable but lacks a rechargeable battery, it is also considered single-use.

When is a Vape NOT Rechargeable?

  • It has a battery that cannot be recharged.
  • It features a non-replaceable coil. The coil, which heats the e-liquid, is typically replaceable in reusable vapes, allowing users to replace it or the pod/cartridge that contains it.

When is a Vape NOT Refillable?

  • It uses a single-use container, such as a pre-filled pod, which cannot be replaced or refilled with E-liquid.
  • The container is not designed to be refilled or replaced.

Examples of Single-Use Vapes:

  • Devices with a fixed mouthpiece, tank, and battery, where the liquid and coil are inaccessible—even if the device includes a USB port for recharging.
  • Devices that allow users to refill the tank and recharge the battery but have a non-replaceable, encased coil as the coil cannot be replaced once it burns out.
  • Devices that appear reusable but do not give users the option to purchase refillable E-liquid, pre-filled pods, or replacement coils.

Key Criteria for Reusable Vapes:

For a vape to be classified as reusable, it must meet the following conditions:

  • The battery is rechargeable.
  • The device is refillable with E-liquid.
  • Essential parts, such as coils or pods, can be easily replaced.

Any device that fails to meet these requirements is considered a single-use vape. Under new regulations in the UK, these disposable devices will be banned starting 1 June 2025.

Reusable Vapes: What Sets them Apart?

A reusable vape is specifically designed for multiple uses and must meet the following criteria:

Rechargeable Battery:

The device must feature a rechargeable battery, distinguishing it from single-use, disposable vapes.

Refillable with E-liquid:

It should allow the user to refill it with E-liquid or replace the e-liquid container in one of two ways:

  • Filling the tank or cartridge directly with E-liquid.
  • Inserting pre-filled pods that come with E-liquid already inside.

Replaceable Coil:

If the vape uses a coil to heat the e-liquid and produce vapour, the coil must be replaceable by the average user. This can be done in two ways:

  • Replacing the coil itself.
  • Replacing a pod or tank that contains the coil. For some devices, once the coil within a pod or tank is spent, the entire pod or tank is replaced. Pods or tanks can be either disposable or refillable, depending on the device.

Key Requirement:

Refills—whether in the form of E-liquid bottles or replacement pods—must be readily available for purchase, either online or in-store.

Examples of Reusable Vapes

Refillable Devices:

A device with a refillable chamber, pod, or tank, paired with a rechargeable battery and a replaceable coil. Users can refill the chamber through a designated port, replace the coil directly, and recharge the battery via USB or USB-C.

Pod-Based Devices:

These devices use either pre-filled pods (replaced when empty) or refillable pods (replenished with separately purchased e-liquid). In pre-filled pods, the coil is replaced along with the pod. In refillable pods, users can replace the coil independently. Both types require a rechargeable battery, charged via USB or USB-C.

Compliance Note

Businesses selling reusable vapes are legally required to provide proof of compliance if requested by enforcement authorities. During inspections, they must demonstrate that their products meet the outlined criteria, ensuring the devices are legally defined as "reusable."

Enforcement of the New Regulation

Local regulatory officers will oversee the enforcement of the regulations. For example, in England, local Trading Standards authorities will have the power to impose civil sanctions. These may include issuing stop notices, levying fines of up to £200, and, in severe cases, pursuing legal action that could result in imprisonment for individuals who fail to comply and continue selling prohibited disposables.

For more information regarding specific enforcement for England, and Wales, see the government guidance.

Conclusion

The new regulations surrounding single-use vapes mark a significant step towards reducing environmental waste and promoting sustainable practices. Businesses must ensure they comply with these guidelines to avoid penalties and support a greener future. By adapting to these changes, both retailers and consumers can contribute to a positive impact on the environment.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

Vape Industry Outlook and Trends to Watch in 2025

The vape industry is undergoing a time of profound transformation. With advancements in technology, shifting consumer behaviours, and increasing regulatory scrutiny, industry professionals—be it retailers or brands—must keep pace with change to stay competitive.

This year, the global vape market is expected to cross $61 billion, growing at an impressive compound annual growth rate (CAGR) of 14% between 2020 and 2025. To ensure your business is set up for success, we’re exploring the biggest trends and challenges shaping the vape market in 2025. From regulatory updates to tech innovations, here’s everything you need to know.

Understanding the Current Vape Industry Landscape

The vape market has experienced meteoric growth over the past decade, fuelled by a shift away from traditional smoking. This growth has been further propelled by innovation in product offerings, such as the rise of E-liquids with tantalising flavours. Major regions like North America, Europe, and the Asia-Pacific continue to dominate, with brands fiercely competing to capture market share.

However, this rapid growth also comes with heightened regulatory scrutiny, presenting a double-edged sword. On one hand, stringent measures ensure compliance and safety; on the other, these regulations can pose challenges to businesses seeking to expand globally.

The 2025 Regulatory Landscape

Navigating the regulatory landscape is one of the primary challenges for the vape industry. The sector faces stricter compliance requirements regarding packaging, advertising, and E-liquid composition such as flavours.

  • Global Initiatives: Many nations are implementing bans on single-use plastics within vaping products to address the environmental impact ending the reign for disposable vapes.
  • Regional Regulations: Flavour bans are becoming more frequent across the globe. The FDA’s review processes for vape products in the US, along with the European TPD (Tobacco Product Directive), will demand innovation while ensuring adherence to high safety standards.
  • Taxation and Accessibility: Across parts of Asia, rising excise duties on vaping products are affecting pricing strategies, driving market fragmentation.

Retailers and brands need to keep a close eye on evolving laws to ensure their products remain compliant across markets. Ignorance is no longer an option; staying informed is essential.

Tech and Innovation Leading the Charge

The fusion of cutting-edge technology and vaping is yielding revolutionary products, contributing to increased consumer engagement and premium experiences. Here’s a glimpse of innovations shaping the industry in 2025.

Smart Vapes

Once limited to basic E-cigarettes, modern devices now boast smart features. Think about Bluetooth connectivity, GPS integration, and even puff tracking. Some models offer synchronisation with apps to monitor usage patterns, enhancing user customisation and experience.

Multi-Pod Systems and E-Liquid Integration

The latest wave of innovative vaping devices includes multi-pod systems, which house multiple pods within a single unit. These designs allow for larger, legal puff outputs while maintaining compliance with regulations. Additionally, new devices are emerging that enable direct connection of an E-liquid bottle to a pod, streamlining refills and reducing waste. These advancements not only improve functionality but also cater to consumer demand for convenience and enhanced vaping experiences.

Sustainable Design

Eco-friendliness is no longer a value-add—it’s an expectation. With 98% recyclable components emerging in disposable product lines, sustainability innovation is undeniable. Both new entrants and industry stalwarts are adopting greener strategies, from compostable pods to refillable systems.

Enhanced E-liquids

The race to dominate the E-liquid segment intensifies with a shift towards E-liquids for many disposable vape brands. Flavour customisation—ranging from fruity notes to indulgent desserts—is paired with a growing preference for nicotine-free variants aimed at wellness-conscious vapers. It can be difficult to stand out from a crowd that has already seemingly developed every flavour, but creating new combinations or nuanced flavours can help set brands apart.

Consumer Preferences Reshaping the Market

Understanding what consumers want is vital for retailers and brands to thrive in this saturated landscape. These trends are leading the way as we start 2025.

Health-Conscious Consumers

Health remains a strong influencer, with smokers switching to vaping as a “cessation tool”. Increased awareness of safer alternatives is driving demand for products designed specifically to reduce harm.

Flavour Complexity

While classics like menthol continue to perform well, the demand for highly customised, nuanced flavours has grown significantly. Offering liquid lines suited to specific seasonality—such as tropical blends in summer—ensures ongoing engagement.

Experiential Marketing Matters

Vapers are looking for not just quality devices but also memorable experiences that connect them to the wider vaping community. Events, meet-ups, and branded campaigns can be developed to align with these goals.

Public Perception and Health Concerns

Public perception of vaping continues to evolve, largely driven by the release of new health studies. While vaping is seen as a safer alternative to smoking, concerns still persist, particularly regarding youth uptake and potential long-term effects.

Retailers and brands must emphasise transparency, providing clear information about nicotine content and safety standards. Thoughtful marketing strategies that move away from youth-centric imagery can also help repair damaged public trust.

Preparing for the Future of Vaping

The vape industry shows no signs of slowing down. But succeeding in 2025 demands preparation and adaptability. Here’s how retailers and brands can future-proof their businesses.

Adopt Lean Operations

Supply chain integration is set to redefine success. More companies are taking control of manufacturing and distribution networks, ensuring quicker go-to-market strategies while cutting costs over the long term.

Harness Sustainability as a USP

83% of millennials state that sustainability impacts their purchasing decisions. By embedding eco-conscious practices into the DNA of your operations, you’re building lasting brand loyalty.

Focus on Localisation

Global market saturation means the next big win for brands lies in localised penetration. Using location-specific campaigns ensures deeper connections with targeted demographics.

Constantly Innovate

Amid stiff competition, the ability to remain agile and innovative ensures longevity. Invest in R&D around both design and user convenience to stay ahead of the curve. Working with manufacturers like Xyfil who have an in-house R&D team with over 10 years of experience in the industry, helps to streamline and innovate the process even further.

Embark on Your 2025 Strategy

The vape industry’s evolution is a fascinating blend of technological marvels, shifting perceptions, and immense growth potential. Whether you’re a budding retailer or an established brand, keeping pace with 2025’s dynamic trends is imperative. The keys to success lie in understanding regulatory updates, leveraging cutting-edge innovation, and listening to the voice of the customer.

Are you ready? Navigate these trends with confidence and watch your business thrive with Xyfil.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

Ireland’s Proposed Vape Regulatory Changes

In recent years, the vaping industry has witnessed a whirlwind of regulatory changes across the globe. Governments are increasingly scrutinising vape products, especially concerning their appeal to younger audiences and environmental impact. These evolving regulations pose significant challenges—and opportunities—for vape brand owners seeking sustainable growth in this dynamic market.

Upcoming Changes to Vape Regulations in the UK

The UK has been at the forefront of vaping policy, often serving as a bellwether for other countries. However, even as it recognises the role of E-cigarettes in smoking cessation, the UK government is moving towards stricter control over vaping products. The focus is on reducing youth access and ensuring product safety. However, there is much uncertainty around these upcoming changes as no clear decisions have been made on most of the potential changes.

Currently, we're aware of the proposed disposable vapes ban, though the specifics again around this have not yet been disclosed. Similarly, the proposed vaping bill would target advertising, placement of products in store, plain packaging and even a potential ban on some flavours. Ireland will be taking these a little further.

Ireland's Further Restrictions

Ireland is taking a decisive step by proposing a complete ban on the sale, manufacture and import of single-use or disposable vape products. For vape brands, this means an urgent need to pivot towards sustainable and reusable alternatives.

Additionally, Ireland plans to implement a ban on a range of flavours, limiting consumer choices to those that do not entice younger demographics. This regulatory shift aims to curb youth vaping rates, compelling brands to re-evaluate their flavour offerings and marketing strategies.

Restricting nicotine-inhaling products to tobacco flavours only is a likely avenue though not an ideal one. The Irish government have added that provisions can be made to update the list of permitted flavours as new evidence arises. Evidence that already, many argue, already exists. The change in regulations will also impact all flavour descriptors and language, banning those beyond basic flavour names.

Restrictions on point-of-sale (POS) advertising are also part of Ireland's regulatory overhaul. These ads will be prohibited except in specialised vape-only stores, significantly limiting retail marketing opportunities. Vape brands must therefore explore innovative ways to engage consumers through digital marketing and in-store experiences.

Perhaps the most impactful change is the forthcoming major tax increase on vape products scheduled for 2025. Ireland intends to introduce a vape tax of 50c per ml of e-liquid, which could potentially double the prices of these products. This increase poses a substantial challenge for budget-conscious consumers and brands alike, necessitating strategic pricing and value propositions.

Conclusion

In light of these regulatory shifts, staying informed and compliant is not just a necessity but a competitive advantage for vape brand owners. Xyfil, with its expert compliance team, is committed to guiding businesses through this complex landscape. By partnering with Xyfil, brands can access up-to-date regulatory insights, ensuring they remain ahead of the curve.

The dynamic nature of vape regulations requires proactive adaptation. Whether it's exploring sustainable product lines, refining marketing approaches, or adjusting pricing strategies, informed decision-making will be key to thriving in this evolving market.

For brands seeking to maintain compliance and competitiveness, engaging with a knowledgeable partner like Xyfil can make all the difference. Stay connected, stay informed, and stay ahead in the vaping industry.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

Pioneering a Smoke-Free Future in New Zealand by 2025

New Zealand is on the cusp of becoming a smoke-free country. This small but mighty nation is determined to take the coveted aspiration by 2025. It's a bold and ambitious goal, but one that carries significant weight and potential for global impact.

Why Smoke-free Matters

Public Health Impact

The drive to make New Zealand smoke-free is about more than just policy - it's about transforming public health. Smoking is one of the leading causes of preventable deaths worldwide, responsible for nearly 8 million deaths annually. By eradicating smoking, New Zealand aims to significantly reduce the burden of diseases such as lung cancer, heart disease, and chronic respiratory conditions.

Economic Benefits

Beyond health, achieving a smoke-free status could save billions in healthcare costs. Smoking-related illnesses place a tremendous strain on healthcare systems. Reduced smoking rates mean fewer hospital admissions, less need for expensive treatments, and a healthier, more productive workforce. This economic upturn could be reinvested into other critical areas like education and infrastructure.

Setting a Global Example

New Zealand's commitment sets a powerful precedent for other nations. Successful implementation could serve as a blueprint for countries grappling with high smoking rates. It demonstrates that with strong political will and community support, even the most entrenched public health challenges can be tackled.

How New Zealand is Aiming to Achieve Smoke-free Status

New Zealand is strategically working towards its smoke-free vision by implementing a combination of legislative measures and public health initiatives. Since the legalisation and regulation of vaping in 2020, where vaping was implemented as a means for quitting smoking, the country has seen significant changes in smoking behaviour among its population. This forward-thinking approach has sparked a remarkable 43% decline in daily adult smoking, with rates falling to just 6.8% by 2023.

"Vaping made a significant contribution to reducing adult smoking rates and would remain 'the prime tool' for doing so," New Zealand Health Minister Shane Reti said.

By promoting vaping as a less harmful alternative for smokers, New Zealand is not only providing smokers with a viable cessation tool but also progressively reducing the appeal and accessibility of traditional tobacco products. Coupled with robust public health campaigns, educational resources, and support systems, these efforts reflect a comprehensive strategy aimed at reducing the smoking prevalence to under 5% by 2025, ultimately leading to a healthier, smoke-free future for all New Zealanders.

New Zealand's Vaping Regulations

To support its smoke-free goal, New Zealand has established stringent regulations governing the vaping industry. One key regulation caps the nicotine strength in E-liquids at 20mg per millilitre, ensuring that products remain less addictive compared to traditional cigarettes. Additionally, the names of flavourings are restricted to a maximum of two words to describe their generic characteristics, promoting transparency and preventing misleading marketing practices.

Furthermore, regulations mandate that disposable vape devices must feature removable batteries, enhancing safety and sustainability by allowing for proper disposal and recycling options. However, there is likely soon to be an outright ban on disposable vapes. These measures reflect New Zealand's commitment to responsible vaping practices while fostering a healthier population.

The legislation also included new fines for retailers caught flouting the rules and selling to those under the age of 18. Retailers could face fines of up to 100,000 New Zealand dollars with individuals fined up to 1,000 New Zealand dollars. Vape product packaging is also regulated to ensure that no child-appealing images or names are used.

International Implications

New Zealand's potential victory in achieving a smoke-free status by 2025 could signal a significant turning point for vaping advocates worldwide. By embracing vaping as a regulated cessation tool rather than imposing outright restrictions, New Zealand is pioneering a more supportive framework for smokers seeking alternatives to traditional tobacco products. This approach illustrates that sensible regulation can lead to more positive health outcomes, fostering an environment where smokers have access to safer options without stigma.

Should New Zealand succeed, it will not only bolster the case for vaping's effectiveness in smoking cessation but also inspire other countries to reconsider their policies surrounding vaping. The demonstrated ability to reduce smoking rates through well-regulated vaping products would serve as a compelling argument for nations struggling with high smoking prevalence. As more governments look for viable methods to combat tobacco use, New Zealand's success could inspire a global shift towards viewing vaping as an integral part of public health strategy, enabling a smoke-free future through thoughtful regulation and support.

Conclusion

In conclusion, New Zealand's ambitious goal to become the first smoke-free country by 2025 sets a remarkable standard for public health and tobacco control initiatives globally. By effectively utilising vaping as a harm reduction strategy, the nation not only addresses smoking-related health concerns but also showcases an innovative approach that other countries may adopt.

The comprehensive regulations surrounding vaping ensure that New Zealand maintains a balance between reducing smoking prevalence and safeguarding public health. As the world watches this bold initiative unfold, New Zealand's journey could pave the way for a future where smoking is primarily a relic of the past, inspiring nations to embrace similar paths towards a healthier population and a smoke-free future.

Ultimately, the success of this endeavour lies in the continued commitment of the government, the healthcare sector, and the community at large to support and advocate for a smoke-free lifestyle.

Author Hannah Rubery Categories E-Liquid, Regulations Posted on

The Changing Landscape of Vaping in Australia Explained

Australia has had a tumultuous relationship with vaping over the last few years. With the recent ban on imports of disposable vapes in January and all vapes from March, the vaping community and industry have been left grappling with constant changes. In this blog post, we'll explore Australia's updated vaping laws, what they mean for vapers, brand owners, and international vape brands, and how these regulations will shape the future of vaping in the country.

Australia's Shifting Policies on Vaping

Australia's stance on vaping has seen numerous changes as health authorities and lawmakers work to regulate its use and distribution. While vaping was initially viewed as a potential alternative to smoking, concerns over youth uptake and health risks have led to stricter controls.

The January Ban on Disposable Vapes

In January, Australia imposed a ban on importing disposable vapes. This move aimed to curb the increasing popularity of single-use devices, which were seen as contributing to environmental waste and underage vaping.

Following the January ban, Australia took a more drastic measure in March by banning all vape imports. This sweeping regulation aimed to address the broader issues associated with vaping, including unregulated products and the potential health risks posed by certain vape liquids. The ban left vapers and businesses scrambling to understand and comply with the new rules.

Upcoming Updates to the Regulations

With the constant evolution of vaping policies, it is crucial to stay informed about the latest updates. The recent changes have introduced a new approach to the sale and distribution of vapes, focusing on controlled access through pharmacies.

Vapes Available at Pharmacies

Under the new regulations, vapes will now be available at pharmacies. This decision marks a significant shift in policy, as vapers will no longer need a prescription to access these products. Instead, they will only need to present identification to prove they are over the age of 18 but will not need to provide any basic data. This change aims to make vaping products more accessible while ensuring that only adults can purchase them.

Restrictions on Sales at Other Retailers

Despite the availability of vapes at pharmacies, they will remain illegal to be sold at other retailers such as smoke shops or petrol stations. This restriction is intended to limit the widespread availability of vaping products and reduce the likelihood of underage access. It also places greater responsibility on pharmacies to regulate the sale of vapes and ensure compliance with the new laws.

Timeline for Implementation

Understanding when these changes will come into force is essential for vapers and brand owners looking to operate within Australia's regulatory framework.

Pending Legislative Approval

The amended reform has not yet passed through the legislative process. Until it does, the current restrictions on the sale and importation of vapes remain in place. This means that retailers are still prohibited from selling vapes and vape-related products, regardless of their nicotine content.

Future Enforcement

Once the reform is approved, the new regulations will be enforced, and pharmacies will begin selling vapes under the new guidelines. However, the exact timeline for implementation remains uncertain, and stakeholders should stay vigilant for updates from health authorities and lawmakers.

Penalties for Vaping Violations

The updated legislation also outlines specific penalties for violations related to vaping. Understanding these penalties is crucial for both individuals and businesses to avoid legal repercussions.

Personal Use Exemptions

The new legislation makes it clear that the possession of vapes for personal use will not be subject to criminal charges. Individuals can possess up to nine vapes of any type, and there will be an eight-month amnesty period for personal possession. This exemption aims to provide clarity and protection for vapers who use these products responsibly.

Retailer Penalties

While individuals are exempt from penalties for personal use, retailers found to be illegally importing vapes for sale will face severe consequences. The legislation imposes heavy fines of up to $2.2 million and up to seven years of jail time for those caught violating the importation rules. These stringent penalties underscore the government's commitment to regulating the vaping market and preventing illegal sales.

Selling Vapes in Pharmacies

The new regulations introduce specific guidelines for how vapes will be sold in pharmacies. These guidelines aim to ensure safety, compliance, and controlled access to vaping products.

No Display Policy

Vapes will not be allowed to be displayed openly in pharmacies. Instead, they must be kept out of sight and only provided to customers upon request. This policy is designed to reduce the visibility and appeal of vapes, particularly to young people.

Plain Packaging Requirements

All vapes sold in pharmacies must come in plain, medical packaging. The plain packaging requirement aligns with Australia's broader tobacco control measures, which aim to reduce the attractiveness of smoking-related products. They will also be regulated to ensure that maximum nicotine concentration levels are adhered to and that the products meet safety standards.

Limited Flavour Options

To further control the appeal of vaping products, the regulations limit the available flavours to mint, menthol, and tobacco.

Conclusion

Australia's updated vaping laws reflect a complex balancing act between regulating the market, ensuring public health, and providing access to adult vapers. While there is still much uncertainty surrounding the logistics and enforcement of these new regulations, it is clear that the government is committed to reducing the risks associated with vaping.

For vapers, brand owners, and international vape brands, staying informed and compliant with these evolving laws is crucial. By understanding the changes and adhering to the new guidelines, stakeholders can continue to operate within Australia's regulatory framework and contribute to a safer vaping environment.

We're here to help you navigate these changes and ensure that you're well-prepared for the future of vaping in Australia. Get in contact with Xyfil today to see how we can help you with compliance.

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