September 26th, 2015

Totally Wicked legal challenge to the Tobacco Products Directive e-cigarette measures


Where the hubris and ignorance of European Union legislators is brought painfully to account

This page explains the Totally Wicked legal action against the European Union Tobacco Products Directive, Article 20 – the section that deal with e-cigarettes. >> read the full post

FacebookTwitterPinterestGoogle+LinkedInGoogle GmailEmailStumbleUponInstapaperShare
September 21st, 2015

Tobacco Products Directive – what next and what can be done?


Dog’s breakfast: update on the TPD

As the revised Tobacco Products Directive (TPD) draws closer to implementation by 20 May 2016, many are wondering what can be done about this dire piece of legislation – at least as it applies to ‘tobacco harm reduction’: e-cigarettes (Article 20), novel tobacco products (Article 19) and snus (Article 17).  I have discussed its multiple failings here: What’s wrong with the tobacco products directive for vapour products and here’s Chris Snowdon’s concise briefing for EPICENTER

But what can be done now…? This post is in three parts:

  1. Where we are
  2. What can be done
  3. Options for making progress – a few ideas


>> read the full post

FacebookTwitterPinterestGoogle+LinkedInGoogle GmailEmailStumbleUponInstapaperShare
September 9th, 2015

Flawed e-cigarette formaldehyde paper should be retracted – formal complaint and supporting letter published

Remember this? Our complaint to NEJM and case for retraction is published.

>> read the full post

FacebookTwitterPinterestGoogle+LinkedInGoogle GmailEmailStumbleUponInstapaperShare
September 8th, 2015

Death by paperwork: consultation on EU e-cigarette notification regime


Death by paperwork: no estimate has been made of the damage that paperwork burdens will do

Under the Tobacco Products Directive Article 20(2), e-cigarette and e-liquid manufacturers or importers will have to notify the authorities of any product they want to place on the market. A low-key (to put it mildly) UK consultation run by MHRA on the data requirements for notification closed on 3 September.  Of course most of it was already settled when the directive was agreed without any consultation whatsoever and cannot be changed by humble objections from those who bear the burdens.

I was on holiday, so only put in a short response from my temporary HQ in the mountains of Sardinia. However, I think it is important to take every opportunity to register despair at the way the TPD Article 20 on e-cigarettes was negotiated and to try to reduce the damage it will do. It will be interesting to see if anyone cares.

These were the documents circulated by MHRA for comment: Commission Decision on TPD Implementation / Annex: E-cigarette Data Description.  Here’s my response:
>> read the full post

FacebookTwitterPinterestGoogle+LinkedInGoogle GmailEmailStumbleUponInstapaperShare
August 30th, 2015

Lipstick on a pig: response to consultation on the Tobacco Products Directive


I responded to the Department of Health consultation on implementing the EU Tobacco Products Directive [documents / consultation]. The on-line survey system accessible from the consultation page is by far the easiest way to respond. Closes 3rd September 2015.

To be candid, I find this consultation quite patronising. In the manner of putting lipstick on a pig, they are not consulting on the Directive itself – that is irrevocably fixed (albeit subject to legal action that could strike it down), but on implementation detail.

The part of the directive itself that deals with e-cigarettes (Article 20) was never subject to consultation.

Unsurprisingly it amounts to little more than pointless bureaucratic harassment – see why here.  So this consultation deals only with options allowed within the fixed terms directive. I was thinking of not responding, but figured any opportunity to discourage the creation of an even bigger mess should be taken.  The big mistakes were made in October 2013 – this consultation is a consequence.

My response below – questions not answered are greyed out. PS. if you respond, please give your own thoughts, in your own words, politely and constructively.

What I really think is at at Q.24 and 25.

Responses to questions start here:

>> read the full post

FacebookTwitterPinterestGoogle+LinkedInGoogle GmailEmailStumbleUponInstapaperShare