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20 Sep, 2019|

E Liquid Warning Label Legal Requirements for Sellers

A host of regulations apply to the vaping industry. Of particular note is the Tobacco Products Directive (TPD) which came into force in May 2016. In the UK, the UK Tobacco and Related Products Regulations 2016 implement the TPD.

In May 2017, the TPD introduced new rules including new labelling and warning requirements for e-liquids. As a vape shop owner you will need to pay attention to these requirements and ensure that the products you are selling meet them.

For the purposes of this blog, we will only be looking at the TPD labelling requirements which apply to vaping products. It is likely there will also be other labelling requirements needed to meet other regulatory requirements.

What are the e-liquid warning label TPD requirements?

There are a number of requirements that e-cigarette and e-liquid labelling must now meet, including:

Ingredients – all ingredients which make up 0.1% or more of the final formulation of the e-liquid must be listed. This must include the nicotine content.

Health warning – labelling must carry the following warning ‘This product contains nicotine which is a highly addictive substance’. There are also specifics surrounding placement of this messaging which must be adhered to.

Dose – labels must show the nicotine content per dose

Information on safe usage – this includes a recommendation to keep the product out of the reach of children. Along with instructions for usage and storage. This should include instructions on refilling products where applicable. Batch numbers must also be included.

Contact details – these must be for the producer. If the producer is outside the EU, then an EU contact must be provided.

Warnings – if any warnings for specific risk groups apply these should be noted. As well as possible adverse effects, addictiveness and toxicity.

What information must not appear on e-liquid labelling?

There are very strict regulations when it comes to selling and advertising e-cigarette and vaping products. Therefore, e-liquid labelling must not include any of the following:

• Offers or discounts
• Product safety claims
• Health claims

Where must the e-liquid warning labelling be present?

The TPD states that consumers must receive the information listed above before purchasing. It also states that labelling requirements ‘must be applied to the bottle, via label, pull-out label or other means’.

It has been noted that there has been some querying of how the labelling requirements should be applied to products. It is therefore worth referring to this document released by the UK Government which aims to clarify and provide their interpretation of the labelling regulation.

It also gives a range of examples of where labelling should be placed, depending on the packaging which is available.

Who is responsible for e-liquid warning labels?

The TPD regulation states that producers are responsible for ensuring correct labelling. A producer is defined as anyone ‘who manufactures or imports e-cigarette or refill container products and anyone who re-brands them as their own’.

Therefore, you must ensure that if you import products from China (or a country where English language may not be used on labelling) that you are fully aware of the labelling requirements and that your products adhere to the regulations.

Anthony Jones are specialists in the vaping insurance market. We are an approved broker by the Independent British Vape Trade Association (IBVTA) and can work closely with to not only help you obtain vape insurance but to also help you understand the risks that your business may face – whether you are a vape retailer, manufacturer or distributor.