The Tobacco Product Directive is a European Union regulation that regulates the sale of tobacco products, including liquids and vaping equipment. TPD compliance has been fully implemented since May 20, 2016. Manufacturers, retailers, and vapers are required to follow the TPD article 20.
This article will explain how TPD impacts you (Manufacturers and Retailers) and what you need to do to comply with TPD.
What is the purpose of TPD?
TPD exists primarily for three reasons:
Protecting Children from Nicotine Products
2. Protecting the consumer by creating standards that are enforceable for safety and quality in all e-juices, vaping devices, and other products.
3. Protecting the consumer by requiring retailers and manufacturers to include useful information on packaging
In a new industry that affects millions of consumers, regulation is inevitable. We must accept the TPD rulings, whether we agree with them or not.
How to be TPD compliant
TPD impacts everyone: manufacturers and retailers as well as consumers. Here are the main TPD rules that you need to follow.
1. Register with the MHRA
The Medicine and Healthcare Products Regulatory Agency must be notified and registered six months prior to the sale of any e-liquids or vaping devices. This includes vape products that were already on the market before May 20, 2016.
To register, follow these instructions.
2. PRODUCT RESTRICTIONS: VAPING AND E-LIQUID DEVICES
- Testing for emissions must be done in a lab certified by the FDA.
- The maximum e-liquid volume for a vaping device is 2 ml
- The maximum amount of nicotine per E-liquid bottle is 10 ml
- The maximum nicotine concentration in e-liquid is 20 mg/ml or 2.0%.
- Certain ingredients, such as caffeine, taurine, colorings, and other additives, are prohibited. Voting members of the EU can also ban other ingredients deemed unsafe.
3. PACKAGING & LABELING
- Bottles that are child-resistant and have tamper-evident seals. The bottle should also be unbreakable.
- The nozzle must be 9 mm in length and can’t emit more than 20 droplets per minute.
- Include a warning leaflet with the package
- The packaging must include a specific warning label.
- Labeling on the packaging must state, “This product contains nicotine, a highly addictive drug.” The label must cover at least 30% of the packaging surface, both front and back.
4. RESTRICTED advertising
Different EU countries may have different rules for promotion and advertising.
Promotions of e-juices and vaping devices are not permitted.
- Radio, TV and On-Demand TV
- Product Placement
- Display Advertising on the Internet
- Cold Calls: Marketing emails and texts
- Social Media Marketing
Promotions of e-juices and vaping devices are allowed:
- Trade publications: trade magazines and trade shows
- Information about products, such as blogs, ‘How to’ videos, tweets and non-paid reviews
- Advertisements in the UK can include non-nicotine liquids and disposable e-cigarettes that do not contain nicotine. Non-disposable devices that only use non-nicotine liquids are also allowed.
For further information, please read UK TPD Advertising Restriction Resources.
Here are some marketing guidelines that you should follow in the UK, according to the Committee of Advertising Practice Section 22:
- Socially responsible advertising is essential
- Children must not be the target of ads, nor should they feature them or have content that is appealing to children.
- Safety and health claims should not be made
- Advertisements cannot suggest or claim that smoking is a problem.
- Avoid making false claims about the product ingredients.