UK Vape Compliance – What is required?

Mar 13, 2023

Over the last month, national media coverage has put a spotlight on non-compliant vapes and the situation is harming the industry's reputation. Brands have been taken off the shelves in certain supermarkets and fines have been given to a number of suppliers of these illegal vapes. At Inter Scientific, we are committed to trying to help ensure all products on the market in the UK are legal and meet required regulation. In this blog we will give a brief overview of the regulation surrounding vape compliance in the UK.

Tobacco and Related Products Regulations – TRPR

The Tobacco and Related Products Regulations (TRPR) is the legislation that defines the laws regarding tobacco and related products including electronic cigarettes. There are numerous requirements under TRPR that manufacturers/traders must comply in if they are to market their products in the UK. One such requirement is a notification that must be submitted to the MHRA.

The MHRA notification must include a number of details regarding the product and the entity intending to market said products. Submissions to the MHRA must include but are not limited to the company details, type of product, volume of liquid, ingredients over 0.1%, the carbonyl, metal (device/disposable only) and nicotine emissions.

Successful notifications are published on the MHRA list of approved products. The list can be found here: Stakeholders can check for published products by using the search functions.

Legal limits on tank size and nicotine concentration

We understand the impact on the consumer, but we are also mindful that traders are often unaware that their products are illegal and are concerned that they could be open to the removal of stock and associated fines. For manufacturers seeking to place products on the Great Britain market, the legal limit on tank size is 2ml, and legal nicotine concentration is up to 20mg/ml.

TRPR Packaging Requirements

There are a number of packaging requirements that are described in TRPR. For a product to be considered compliant, all the requirements listed must be met. The following information must be present on the outermost packaging of a unit packet or refill container:

A general health warning that covers 30% of the front and back of the packaging that reads “This product contains nicotine which is a highly addictive substance”
A list of ingredients above 0.1%
An indication of the nicotine content
Nicotine delivery per dose
Batch number
Recommendation to keep the product out of reach of children,

Some information may be included in a leaflet, however, TRPR does not require products to be accompanied by a leaflet if all relevant information is displayed on outer packaging. The information that may be described on a leaflet is as follows:

Contents of pack
Instructions for use and disposal (including refill if applicable)
Contra-indications
Warnings and precautions
Possible side effects
Addictiveness and toxicity statements
Storage instructions
Contact detailers of manufacturer/importer/responsible person

These are the requirements that must be met in order to comply with TRPR however there are further regulations that apply such as CLP.

Classification, Labelling and Packaging (CLP) Regulations

The Classification, Labelling and Packaging (CLP) Regulations 1272/2008 is the legislation that is used in the European Union (EU) for the classification and labelling of substances and mixtures. The CLP is legally binding across the Member States, and it requires manufacturers and importers of substances/mixtures to classify, label and package their hazardous chemicals properly before allowing them to go on to the market. 

The CLP sets detailed instructions for the labelling elements such as pictograms, signal words and statements for hazard, prevention, response, storage, and disposal. It also sets general packaging standards to ensure the safe supply of hazardous substances and mixtures.

CLP in relation to vape products

Within CLP there are many articles relating to the packaging, labelling and layout of products classified as hazardous such as e-liquids, pods, or disposables. This is important when making the packaging for your product, as you need to be aware of requirements such as ensuring the pictograms, signal word, hazard statements and precautionary statements are all grouped and located together on the packaging and label. This is to ensure you are complying with the law and that your packaging and label is laid out logically and in a way that is easily understood by consumers. 

Ensure your vape product are compliant with Inter Scientific

We have investigated how we can offer further support to ensure both consumers and vendors can be confident that their products are compliant. With this in mind, we have developed a heavily discounted TRPR compliance batch testing package that we would like to offer to the industry. The package includes the following: