If you sell e-cigarettes or other ENDS in the United Kingdom, you may be wondering how Brexit will affect TPD notifications and the current EU legislation for ENDS. At present, a TPD notification must be generated and submitted via the EU-CEG portal in order to put your products on the market in England, Scotland, Wales and Northern Ireland, but what will happen now that the UK is no longer part of the EU?

Draft Statutory Instruments outlining the Tobacco Products and Nicotine Inhaling Products Regulations in the UK after Brexit recently indicated that the following is likely to happen.

The documentation indicates that the Tobacco Products Directive (TPD) will still be taken into account in the UK in order to ensure that the Tobacco and Related Products Regulations 2016 (TRPR), the UK’s implementation of the TPD requirements is still able to function.

The draft Statutory Instruments also suggested that “a single notification and annual reporting fee remains payable if a product is to be supplied in both Great Britain and Northern Ireland.”

The draft Statutory Instruments also noted that ENDS which have been notified and are on the market ahead of the UK leaving the EU will still be allowed to be sold there. There was no suggestion that these products would need to seek further authorisation, although a transition period was mentioned.

In an article published in April 2018 by parliamentarian website The House , former Secretary of State for Health and Social Care Jeremy Hunt wrote:

“Brexit – while of course presenting challenges – offers some gilt-edged opportunities for public health.  For instance, we will no longer be constrained in the information that we can put on food labels to help people make healthy choices. We have already committed to looking closely at the legislation on tobacco control, including on e-cigarettes, to make sure we take opportunities to improve outcomes and protect health. We can be more ambitious for health improvement and public health, not less, when we leave the EU.”

This suggests that once Britain exits the European Union, the current ENDS regulations may be reviewed and possibly changed in order to improve and protect public health independently of the EU.

At Inter Scientific, we are committed to staying up to date with the latest ENDS regulations, so our clients can continue to safely and legally market their products.

Contact us today to learn how we can help you to achieve a successful TPD notification and legally market your products in the UK.

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