Vapouround magazine VM16 | Page 51

WHY DID YOU DECIDE TO ENTER THE VAPING INDUSTRY? Our founder and Chief Regulatory Officer, Damien Bove, was initially involved in nicotine products pre-TPD for medical licencing, specifically e-cigarette projects. When TPD was announced, Damien identified that he could provide a cost-effective solution for the industry in registering products under TPD. This is the reason Adact are the single largest submitter in the industry. Managing Director Robert Sidebottom joined Adact in July 2017 as he could see the huge opportunities that the sector provided. Robert has the specific brief of driving the company forward in its ambition to provide a comprehensive compliance solution for the US vaping market while maintaining Adact as the most successful compliance agency in Europe. Damien, Robert and the Adact team are proud to serve the industry and provide productivity solutions such as TPD Expert (adactmedical.com/tpd) and the Adact PAP. You can read more about that on pages 50 - 51 WHAT REGULATIONS ARE SHORT-FILLS SUBJECT TO? All zero-nicotine products fall out of the scope of TPD. However, these products are regulated under the General Products Safety Regulations 2005 (GPSR). Section five of the regulations is clear: no producer shall place or supply a product unless it is safe. There are several sections of the GPSR that give more detailed directions on how to ensure that products are safe. However, our advice is to use the TPD as a due diligence process to ensure that zero-nicotine products are safe for the consumer. Mark Oliver, Trading Standards Business Hub Manager, Cambridgeshire and Peterborough Trading Standards says, “Following the TPD as a due diligence process is a robust method to help ensure these products meet the requirements of the General Product Safety Regulations.” As a minimum you should test, analyse and produce safety data sheets using the same methodology as TPD. Adact provides a comprehensive testing solution for zero-nicotine products, when clients have their products tested and analysed with us. The products are also listed on Zero Expert (adactmedical.com/zne), a voluntary national notification database for all zero-nicotine products. HOW DO WE GO ABOUT SUBMITTING E-LIQUIDS TO THE FOOD AND DRUG ADMINISTRATION? There is a two-tier approach for products that were on the market in the US before August 2017. Small companies need to file their recipes with the FDA by November and large companies by May of this year. In theory, no new products were allowed onto the market after August 2017 without first going through a full Pre- Market Tobacco Authorisation (PMTA) with the FDA. All products need to be processed by 2022. US-based companies will have already been required to list their product and register their premises with the FDA. Adact provide a comprehensive PMTA submission service. Please contact us directly for moe information. WHO IS RESPONSIBLE FOR REGULATING CBD E-LIQUIDS? The responsibility for regulating CBD in e-liquid form currently falls with the Medicines and Healthcare products Regulatory Agency(MHRA), particularly with regards to medical claims. As a zero-nicotine product, CBD e-liquids are regulated under GPSR. The Cannabis Trades Association UK (CTA UK) are currently in early discussions with the MHRA regarding setting up an exclusive regulator for all CBD products. Adact are one of two preferred testing organisations for the CTA UK and we strongly advise all companies involved in the manufacture, production and sale of CBD products to join the CTA UK, which can provide detailed assistance and advice regarding this game- changing product. WHAT ARE THE IMPLICATIONS OF THE PROPOSAL TO EXEMPT VAPE PRODUCTS FROM THE TPD? The Private Member’s Bill second reading regarding exemption of vape products for TPD has been deferred to the end of April. The fact that the bill was seventh on the agenda in March indicates that it may have been used as a parliamentary tactic to jam up the legislative timetable. If the bill achieves legislative success in the future then we would revert to the same position as pre-TPD, unless another proposal for regulation was implemented. Adact do not feel that this bill will achieve legi