Vapouround magazine VM18 | Page 55

WHAT OTHER AREAS OF COMPLIANCE ARE WE SEEING MOVEMENT ON? Recently-published guidance has been sent out in advertising, but I for one, still see a lot of confusion around this area and I think this may form the basis of the article in the next issue. Short-fill enforcement has picked up pace across the country with several high-profile visits and enforcement actions being undertaken. It’s worth having a look at the article in the last issue on short-fill regulations, if you need to remind yourself. Short-fill products are covered by the General Products Safety Regulations 2005 (GPSR). If your short-fill products are not assessed for safety ‘in-use’, you could face fines up to £25,000 or possibly jail time. A summary of the report states “the popular conception is that short-fill products are unregulated.” This is incorrect. Whilst short- fill products are not directly covered by any specific EU legislation, such as the TPD, their safety is governed by the GPSR. That requires a consideration of how they are advertised, as well as the standards expected by consumers and the standards applicable to other products in the sector. These factors indicate that those affected by the legislation, including manufacturers and distributors, should have regard to TPD, even though it only applies directly to products that contain tobacco. (Reference: Dai Davis, a Solicitor and Chartered Engineer, was also National Head of Information Technology Law at Eversheds.) CBD IS ALSO COMING UNDER REGULATION Many vape companies are now selling CBD in the market place, but it’s worth remembering, it is also covered by wide-ranging regulations. HERE ARE SOME PRINCIPLE LEGAL ASPECTS OF CBD: • It is not illegal in the UK. • You are not allowed to make any medical claims, unless you apply for a medical licence. • THC (the illegal component) must be below 0.2 percent for industrial use. • Finished products are covered by the Controlled Drugs Act 1985; levels must be below 1mg in the final product. • The Foods Standard Agency says that levels must be below 0.2 percent for finished food product. This contradicts the Controlled Drugs Act, so this is a grey area. • It’s not legal to use isolate for products for oral consumption; distillate/oil-based products should be used • Products are covered by GPSR 2005 and thus require a toxicology assessment in addition to having an emissions test conducted. DEVICE CONCERNS: PODS AND SQUONKERS Devices is the area in which I receive the most questions about compliance. Squonkers have been given to me to comment on. In my opinion, they are not compliant as they have a tank that is above 2ml. Counter arguments have been made that the tanks are not tanks, but reservoirs or refill containers. That defence hasn’t convinced me to change my mind and I have turned down the opportunity to do compliance testing on them. The MHRA recently validated this when they published their opinion that ‘squonkers are not compliant due to the squonk tank’. A lot of companies are now selling their products in pod format. Some companies are putting their product in the pods and selling them without ensuring they are compliant. Firstly, if you sell a liquid in a kit with a device – this includes selling it as a pre-filled pod refill – then you need to conduct emissions testing in that device. Next, you need to notify your 2ml pod (and it can’t be more than 2ml) and pay a new notification for it – it’s not just another presentation under your 10ml notification. SALT CONCERNS As with companies shifting to putting products in pods, you can’t just switch from normal nicotine to salt nicotine and carry on – it’s a radically new formulation so you need to revisit your emissions testing and either update your notification (if you are replacing your traditional nicotine product) or notify it as a new product if you are adding it to the range. These are all the issue we are seeing as we are entering the age of enforcement we need to make sure we are ticking the boxes. VM18 | 55