We got this email from our email listed on aspirecig.com, and this Alan claimed that he only leaked this to aspire, not to the other e cig manufacturers, the reason is only Aspire got the international name.
Hello again Abby,
If I am presumptuous I apologize, but I don’t know how well briefed your company is regarding the new regulations that come into force in May 2016. As a manufacturer of electronic e cig products and liquids you would need to be informed as soon as possible. to adjust your manufacturing accordingly and judge how best to proceed.
The rules that will apply to the European Union and U.K will not be the same as the United States. The States are covered by their own administrative authorities. In a considerable way their regulations although similar, are different to ours and would not be accepted in the E.U / UK.
As things are at this time, there are no regulations that apply to e cigarettes for the U.K market, the same applies in most cases in Europe. For this email I will only talk about the UK, but accept the fact Europe is about the same and the changes will affect them as well.
As of now no charge or the addition of retail tax can be forced onto U.K e cigarette retailers.This tax is called VAT ( Value Added Tax) in this country it is set at 20%. So, if our current retail price is say £4 for an item it will become £4. plus 20% = £4.80 per item.
These rules are very strict and a business can be fined or closed down if they do not comply.In extreme cases where VAT fraud is involved a prison term can be applied. In May 2016 this becomes law for everyone. If anybody from the UK says it does not apply to them, they are very wrong.
The next major issue is regarding e cigarette products.
Liquids.The maximum size for an e liquid bottle looks to be set at 10 mils without exception. The only possible exception might be zero liquids ( I stress might, probably best to stick to 10 mils), this point requires clarification.
The maximum strength of liquids will be 2.4 mg. The best option is probably to go for a Zero strength, 0.8, 1.8 and 2.4 mg.
To make it clear for you I am quoting directly from the E.U directive:-
E Cig products in general.”Any manufacturer or company selling e cigs must notify and submit information to their member state for each product, or product variation they wish to sell. ( my comment – this will apply to every single E.U country you sell into)
This includes ingredients lists, detailed emissions data, toxicological data, information of nicotine doses and absorption data, opening and refilling mechanisms and production process for every single product variation they wish to sell.Every year data on sales volumes, product types, consumer preferences and surveys must be submitted to member states.”
In addition e cig and refill containers MUST have mechanisms to ensure leak free filling.There is then the question of correct labels to both liquid and electronic devices that will have to comply.
Electronic cigarettes must be able to supply a consistent dose of nicotine.(How this could work is highly questionable, not even tobacco cigarettes are required to do this, my comment)
The maximum that a tank can hold will be 2 mils for any e cig device.
The directive goes onto say, that if 3 member states make a simultaneous complaint about the same thing or supplier company, the EU has the ability to ban imports from that company.
If that is not bad enough, I have only covered the major points. It will become necessary for production companies to obtain a medical licence from the MHRA ( for the UK) or European equivalents. This may involve an ultimate cost of up to £1 million per supplier (unclear on this point)
As things stand at present, UK manufacturers only have to have technical files and a UCAS certificate in place and available for inspection. All this changes and All the above will be mandatory for all suppliers.
It is accepted as a fact that these new regulations were put together in the European Union Council in closed session (behind locked doors). No independent scientific or medical advice was taken. No consultation with the necessary retail experts. The only thing that is strongly suspected, is that the international tobacco industry was involved and some national medical licensing authorities. Both of these groups have a vested interest in protecting the cigarette and tobacco industry in general, plus of course governments who tax tobacco products.
There is a small group of English members of the European parliament who object strongly to these regulations, but are not strong enough to have an influence.
Abby,I have given basic details in this overlong email. If you senior managers are fully aware of what is taking place that’s fine. If they don’t or don’t appreciate the situation in it’s entirety please pass this information on. There is no doubt that many small e cig retail shops and smaller UK manufacturers will close down.
This is exactly what the tobacco industry and other interested parties want to happen. It is estimated that in a very few years, e cig sales will overtake those of the tobacco industry in the UK for sure and no doubt elsewhere.
If your company wants either Billy Smokes or myself to co-operate and pass / obtain information please let me know. These new regulations come into effect in 1 year from now, Billy Smokes Group must have everything in place by the end of January next year.
As you may know there is a General Election in the UK this Thursday, our government may change, who knows? As soon as this has taken place, I will be in contact with 3 or 4 local members of Parliament to find out if they are favorably minded towards e cigs. When I contact and see them, I will know their views and if they are open minded or not. We will try and give them trade information and facts that we hope will keep them on our side. These sort of people can be of huge help.
I also belong to a trade organisation that has representation in London and can contact officials working within the government. This can be helpful in circumstances when heavyweight regulation is being introduced. The entire new regulation system will be under the control in the UK of The Trading Standards Authority. This is a powerful government organisation who enforces trading standards. All e cig shops in our area have been visited and basic information given out. The authority admit they don’t know or understand the rules yet. They are looking for genuine information from the trade. It is our view that if we can be on good terms with them it will help us in general.
Feel free to contact me at any time.
Alan O’Dell.Sales and Marketing Consultant.Billy Smokes Store Group Ltd.
Subject: RE: [1002304A394E]
Date: Wed, 6 May 2015 09:08:09 +0100