Vaping laws are changing with the Tobacco and Related Products Regulations 2016 (‘the Regulations’) coming into effect on 20th May 2017.

Breach of the Regulations may result in a prison sentence of up to two years or an unlimited fine.

Trading Standards are anxious that those brewing e-liquids at home for sale online are made aware of the changes and, in the words of Alex Fry, Trading Standards Manager:

‘We are finding that shops are aware of the changes to the law but small online retailers are not. With millions of buyers ready and waiting, there’s no better place for you to sell than ebay.

We have found online sellers selling e-liquids in 100ml bottles with nicotine strength over 20mg/ml. After 20 May this will be illegal unless the e-liquid is registered as a medicine’.

What are the Regulations? | Kangs Regulatory Law Solicitors

There are seven requirements:

  1. E-cigarette tanks are restricted to a capacity of no more than 2ml.
  2. One refill container is restricted to a maximum volume of 10ml.
  3. E-liquids are restricted to nicotine strength of 20mg/ml.
  4. Nicotine containing products and packaging must be child-resistant and tamper evident.
  5. Certain ingredients including colourings, caffeine and taurine are banned.
  6. There are new stringent labelling and warning display requirements.
  7. Health regulators must be notified before e-cigarettes and e-liquids can be sold.

An Exception | Kangs Regulatory Team

According to the Regulator:

‘Products that do not meet the definition (such as disposable e-cigarettes that do not contain nicotine and 0% nicotine e-liquids) are out of the scope of the Tobacco Products Directive and do not have to meet its requirements.’

How Can We Assist? | Defending Trading Standards Cases

Vaping is not being banned and the Regulations have been criticised for hitting people trying to end their smoking habit.

The expectation is that people may:

  • remain unaware of the Regulations until charged with breaching them
  • endeavour to make their own e-juice and, possibly, distribute it with the potential for falling foul of the Regulations
  • turn to low quality and illegal products on underground markets thereby fuelling illicit trade.

It is inevitable that the forthcoming changes will result in prosecutions being made by the authorities of those breaching the same innocently, or otherwise.

If you encounter any issue arising from the Regulations and would appreciate expert advice, please do not hesitate to contact our team through any of the following and they will be happy to guide you.

Kangs Defence Team | Trading Standards Investigations

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888