Tag Archives: tpd compliance

Raids on Vape Stores in the UK – The Importance of Compliance

Recently, vape stores in the UK are seeing visits from Council and Police members in a surge to crackdown on illegal vape products. Up and down the country some vape stores are finding themselves missing thousands of pounds worth of goods. This is due to some vape stores selling products that are illegal by UK trading standards. Which has left a few store owners with fines to pay and lessons to be learnt.

Stores around the UK cleared of illegal vape products

Vaping has reached all-time high popularity in the UK with new products added to the market around the clock. Especially with the rise in disposable vape devices, the market has certainly seen an explosion of interest from brands looking to add their own disposables. To keep up with demand shelves are being heavily stocked with the products that consumers are looking for. But in the midst of the rush it’s easy for non-compliant products to slip through.

In the UK there have been numerous cases of vapers using illegal and sometimes counterfeit products. Not only is this harmful to customers but also to brands of counterfeited products, stores that sell them unknowingly and the vaping industry as a whole.

Only recently, a vape store on Oxford Street, Westminster, was cleared of £100,000 worth of items from their shelves. These counterfeit and illegal goods were removed by Met Police and Westminster City Council with a variety of these products pertaining to vapes. These were disposables that were counterfeit along with products not suitable for UK retail due to not meeting compliance requirements.

What are the legal requirements for selling in the UK?

If products are TPD/TRPR compliant there will be several key factors that you can easily look out for.

  • Disposables and vape kits will have a max capacity tank of 2ml.
  • The max strength nicotine allowed in the UK is 20mg/ml.
  • Packaging should include UK manufacturer’s contact details and name.
  • Packaging should include all necessary warnings.
  • Must be registered on the MHRA’s (Medicines and Healthcare Products Regulatory Agency) website.

For the full list of regulations, you can read the UKVIA’s (United Kingdom Vaping Industry Association) concise guide for compliant disposable vapes here.

How you can be careful when selling vape products

Avoiding illegal and counterfeit products means you avoid potential losses and fines. The biggest issue in the UK vaping market is certainly high strength vapes or those with bigger capacity than is legally allowed. If a product is more than 20mg/ml (2%) or has a capacity greater than 2ml, then it cannot be legally sold in the UK. Check out these top tips on how to sell vapes legally in the UK.

Restrictions and regulations across the globe differ meaning that it’s quite easy for higher strength vape products to exist legally. For example, for products in the UAE the max capacity of vape tanks is no more than 10ml. Although these are legal for sale in the UAE, they are not in the UK, and sometimes this confusion can lead to incorrect products being stocked on shelves.

Compliance made easy with Xyfil

Navigating compliance can be challenging with the many regulations and differences between countries. Here at Xyfil we have a dedicated compliance team that ensure our brands and the brands of our partners, are compliant with whatever market they wish to sell in. If you’re looking to create your own UK-compliant brand of E-Liquids and vape products, you can contact us to find out more, and make the most of our award-winning, premium products. If you’re looking to stock the products we manufacture, you can talk with our sister company My Vapery who can offer you premium, UK-compliant products that customers want.

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.

The Future of E-Liquid Manufacture After Brexit

While Brexit may have shaken up many businesses and worried others about its implications, the vaping industry is one that we feel could benefit from this sudden shift. It certainly came as a surprise from some when much of the country voted to go ahead with Brexit. Immediately concerns were raised about how the UK would handle the change. From trade deals to an economic crisis, everything was on the table and the pandemic didn’t help. But there may be a silver lining for those in the vaping industry.

Pre-Brexit industry

The UK is currently regulated under the Tobacco and Related Products Regulations 2016 (TRPR), the equivalent of the EU’s Tobacco Products Directive (TPD). These regulations cover:

  • Bottles of nicotine-containing E-Liquids containing no more than 10ml
  • Disposable E-Cigarettes and single use cartridges or tanks must not exceed 2ml in volume
  • E-Liquids must not include harmful ingredients that pose a risk to health in a heated or unheated form
  • Nicotine strength in nicotine-containing products is restricted to a maximum of 20mg/ml
  • All nicotine-containing E-Liquids must be first passed by the MHRA before they can be sold

There are also strict rules around the packaging and labelling of these products to ensure that they are not aimed at young people and children, and clear warnings that the product contains nicotine. In the UK in particular, our regulations also include that these products cannot be sold to anyone under the age of 18.

Post-Brexit industry

With the newfound freedom there will undoubtedly be reviews on many of the UK’s laws and regulations that were previously imposed by members of the EU. As the UK has always been a staunch supporter of vaping as a safer alternative to smoking, with the means of aiding smoking cessation, it is very likely that these regulations could be amended.

With an ambitious target of making the UK smoke-free by 2030, it’s certainly in the UK government’s best interests to take another look at the rules and regulations that could potentially be hampering some from making the change.

Although of course, the vape market is not the only thing to be hit by Brexit. There have been many issues, not just due to Brexit, with imports and exports of goods. Between Brexit and COVID-19, it’s hard to say for certain which contributed more to the prevailing issues. As trade agreements fall into place, the issues will be ironed out in time.

This year, manufacturers are seeing the need to drive inefficiency and delays from their supply chains by deploying highly flexible ecosystems that let them handle disruption. It’s an unfortunate fact that while things are still stabilising, we may have to get used to disruption in the long-term. Establishing a resilient supply chain is quickly becoming a necessity for manufacture.

At Xyfil we had established risk management systems before the pandemic, to ensure flexibility with our suppliers. We created backups for our suppliers and backups for those. These prior plans really showed in our ability to remain open without a single day of manufacturing lost because of our extensive strategies. Making sure that your supply chain remains running is but one of the ways to keep your manufacturing business devoid of disruption.

The Possibilities of the Future

Talks are soon to go ahead regarding the way vaping is treated by governments, and although the EU may be bending to the will of the WHO (World Health Organisation) and their aggressive stance against vaping, the UK is in a great position to make impactful changes.

For vapers and businesses, making changes to the tank size, amount of E-Liquid, nicotine strength levels and restrictions on advertising could have a massive impact in the UK. By making changes to these things, it would allow brands to create more diverse ranges of products, tailored even more towards those looking to quit smoking.

Often, 20mg/ml is not enough for smokers to make the change as they don’t get the strong nicotine hit, they need. This ends up ultimately turning them back towards smoking. Similarly, by being able to properly advertise vaping products, businesses would be able to reach more people than before and be able to proactively help smokers make the change to a less harmful alternative.

What do you think? Has Brexit impacted your business for better or for worse? Keep posted with us for any new developments in the E-Liquid and CBD industry.