FEATURE
THE CURRENT REGULATORY CHALLENGES FACING
THIS INDUSTRY: POD SYSTEMS, SALTS AND BANNED
SUBSTANCES.
IMAGES PROVIDED BY AntPod
POD U LIKE?
We have seen the popularity of pod systems driven by convenience.
It’s as if the industry has gone full circle. It started with disposable
Cigalikes, then in came open systems, followed by tanks and mods,
which whilst they deliver great flavours and a much more enjoyable
vaping experience can be rather messy and put off some smokers
from making the switch. Now we have pod systems which have all
the convenience of the closed system but combined with the ability
to deliver great flavours and a convincing vaping experience.
However, there are some regulatory considerations to be aware
of before you put your product into a pod system and sell it:
· They contain nicotine so they have to be registered under
the TPD
· The emission testing needs conducting in the system itself
· You need to apply for a new notification: your existing 10ml
notification can’t be used
· Additional TPD notification fees to be paid for the new
EC-ID
Registering under the TPD – this requires a full toxicology and
emissions assessment and new XML file building and submitting.
If your product has already been submitted for TPD, you have a
head start but you can’t simply use your existing data I’m afraid.
This is an extract from the MHRA emissions testing guidance on
the topic:
“Where a product is to be placed on the market as a single
e-cigarette unit sold together in one combination, this should be
tested and notified as a unit (the EC-ID will be reported with the
notification).”
If you have your existing TPD notification you will need to re-test
your liquid.
Then you can submit your new product for notification, but don’t
forget to submit it as a kit, so you will need in include details of the
pod as part of the design component of your XML, and you will
need to include the device components of the testing, consistency
of performance and metals / silicates in the emissions data – it’s quite
the task. However, if you have already got your TPD notification
you can re-use your toxicology so there is some saved labour.
Then it needs submitting to the EU portal with a new EC-ID and
you will be charged a new notification fee by the MHRA (or other
European Competent Authority)
98 | VM19