January 22nd, 2014

Joint declaration of the e-cigarette Industry – the regulation of e-cigarettes

Just received this sensible declaration from e-cigarette businesses, which I understand has just been sent to MEPs, in advance of the ENVI discussion today.  In my view it is more constructive and credible than the one sent by TVECA on Monday.

Update: the premier American trade association, Smoke Free Alternative Trade Association (SFATA), representing 64 American-based and international companies have made their views clear via a statement circulated to MEPs.  It’s a good assessment of the issues.

Joint Declaration of the E-cigarette Industry – the Regulation of E-cigarettes under the Tobacco Products Directive

Changes made to Article 18 in trilogue arguably render it a new Directive and we note public health advocates of e-cigarettes and consumer groups are proposing that the European Commission should recommence the process and start a new consultation process on Article 18.

For the European e-cigarette industry, the specific problem issues within the current text are:

  • Nicotine limits – as the key scientists in the field of tobacco and e-cigarettes have identified in their 16 January 2014 declaration (attached), a 20mg/ml nicotine content is proven as insufficient for smokers using e-cigarettes as a substitute for cigarettes
  • Advertising ban – preventing consumers from finding out about products products recognised as safer than cigarettes and the industry from informing them in a responsible manner
  • Pharmaceutical style product standards – requirements for consistent dosing (same puff always delivers the same amount of nicotine), pharmacokinetic testing, leak free refilling and post-market pharmacovigilance – which appear to be copied from medicinal regulation and are not achievable for the majority of existing products
  • Refillables – provision to extend ban across EU if three Member States apply a ban
  • National Governments’ ability to ban cross border sales and maintain status quo to classify e-cigarettes as medicinal products

As a responsible industry, we remain committed to constructive engagement with the European Commission and Parliament to correct these issues in a mutually satisfactory manner. While a swift adoption of the TPD is regarded as an imperative, as an industry we believe it’s critical to have appropriate and proportional regulation and policy implementation capable of realising the public health benefits offered by e-cigarettes as a safer alternative to cigarettes.

We believe most of the above issues can be addressed by the prompt adoption of agreed Industry Standards (to ensure standards of product quality & safety) and an Advertising Code (to ensure all advertising is responsible and targeted only at smokers) – both of which are being progressed by the industry and are close to being finalised.

10 Motives
BandZ srl
BLU s.r.l
Cigg-e Limited
Cigg-e Live
Decadent Vapours
Ecigarette Direct
Electric Zebra
Electronic cigarettes Ltd
Gamucci
Gower Enterprises Ltd
House of Liquid
iBreathe LTD
JAC Vapour Ltd
Joyetech
Liberro (UK) Limited
Mirage Cigarettes Ltd
Multicig
No-Match
Nome Dell Azienda
NUCIG Ltd
ROK Premium Electronic Cigarettes
Skycig
Smokers Angel
SMOKO Premium Electronic Cigarettes
Socialites
TABlites
The Electronic Cigarette Company
Totally Wicked
VAEPE
Vapestick
Vapertrails Ltd
Victory Electronic Cigarettes Corp
VIP Electronic Cigarettes
Volcano
VT Wholesale Ltd
Zandera Limited/E-Lites

The organisers of this declaration are open to additional signatories from e-cigarette companies (meaning manufacturers and importers – I don’t think this one is aimed at retailers). If your firm is interested, the organisers can be contacted via this form.

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27 comments to Joint declaration of the e-cigarette Industry – the regulation of e-cigarettes

  • Jan Dehaene

    Brilliant! The back door for an EU wide ban is still wide open though.

  • Irish Lass

    Feel free to pass this on!

  • Irish Lass

    Clive,not directly on the topic above, but want to let you know….. I have been emailing the MHRA with the question of whether the UK government has changed its position on regulating e-cigs as medicines in light of the decisions made in the EU.
    Today I received this response from them:

    “The answer to your question is yes – the Government will have to take account of the outcome of the Tobacco Products Directive once it passes into EU law – as the Agency’s press release from June 2013 made clear. Events has overtaken the June 2013 press release, in particular, the EP vote in October 2013 and the Trilogue negotiation in December 2013. Our website was amended to reflect these developments in December 2013.

    The Government will consult on how the European Directive is transposed into UK law once it is adopted but it is clear that the draft Directive would create an option for electronic cigarette which are not caught by the medicines or devices directives to be subject to a different regime. That will mean that importers and manufactures will have a choice of regime, one of which will be medicines regulation, for products which are presented as medicines, and another, which is to be further defined once the TPD become lay.

    The MHRA website will continue to be updated with the latest position on medicines regulation.”

  • Irish Lass

    Yeah, Mick, I know, I have been hopelessly naïve. Even though I’ve seen all the BS put out by our Northern Irish politicians for so many years! Well, my eyes are wide open now and I feel totally sickened by what I’m seeing and hearing. Anyone else see The Daily Show where the USA politician, asked what his top priority was, replied quite seriously “to get re-elected”? I guess he told the truth – and he couldn’t see what was wrong with what he’d said! ….
    Anyhoo………it just feels like the world is agin us vapers. But there are some good guys out there still. TG for Clive Bates, Dr Farsalinos and others like them who are fighting the good fight on our behalf. More power to their elbows!

  • Mick Wright

    @Irish Lass

    You really believe that politicians in the 18th 19th or even 21st century had folks futures, wishes or desires at the forefront of their mind when they came up with anything?

    Seriously… I mean…really?

    The best hope for ecigs is that the population of vapers grows faster than the mountain of BS being erected to halt it!

  • Mick Wright

    Correction, it didn’t air last night as I’m reliably informed by my wife it was sitting on the hard drive of the TV for several months and I went off on one looking at ecig recordings after watching the ‘Rise of Ecigarettes’.

    The recording date puts it around May or June last year… even so… what a horrible little man that guy is.

  • Irish Lass

    Jeez Louise – seems like we’re taking on the WORLD trying to get a fair deal for e-cigs. Am losing hope fast – the mountain seems just too big to climb. What happened to fair government by the people, of the people, for the people???

  • Mick Wright

    Clive,

    I watched with interest your input on the RTE topical news program Prime Time aired last night and was disappointed with the usual litany of nonsense coming from the Irish Pharmacy Industry and also ASH Ireland which is clearly following their brief from whoever tickles their neither regions in the pharma industry.

    However the last comment from Darren O’Louglin the head of the Irish Pharmacy Union (who knows full well who you are and your position on tobacco) to say “If your friends in the tobacco industry think ecigs are safe, they have the budget, so prove it” is a little like blaming Bill Gates for the fortunes of Apple.

    I seriously can’t imagine you just let that slide? If anything Clive its bringing your position, your entire purpose in this matter and your support for electronic cigarettes and despite for tobacco into total disrepute by suggesting you have friends in the tobacco industry and are on a ‘friends list’ with them… I’m sure the Irish viewer thought you were a shrill for phillip morris when they heard that. I was flabbergasted. That is clearly a sneaky and underhanded thing to do as the last comment.

    However if you would like to drop a bomb on this guy I can point you to an Irish Pharmacy Retail store chain that also own an electronic cigarette company and are on the same board that Darren is. But Obviously NOT on a public blog.

    The duplicity is mind boggling to be honest.

  • Clive Bates

    I haven’t watched it yet… but by all accounts they just bought the nonsense from WHO and the public health establishment.

  • Irish Lass

    Clive, just watched the Tonight programme on “The Rise of the e-Cigarette”. Shocked to see them air a woman claiming that her husband died from lipoid pneumonia caused by vaping. Clearly wrong! There were other serious problems with the programme, I felt – it tried to suggest that this was a fair presentation of the different viewpoints out there, but I felt that there was a clear bias against the e-cig. I had to write in to them to complain about the unfair bias against e-cigs and the misrepresentation of the science that has been done to date that shows them to be much safer than smoking. I hope others will do the same. Having said that – very upset to see e-cig advertisements using the word “smoking” in connection with e-cigs. Talk about shooting themselves in the foot!

  • Thanks for this Clive,

    I asked my boss to send a short line saying he would like to be added to the list of signituries, we are a small company, with our own established brand and are passionate about the future of ‘vaping’. The ‘vaping’ industry has already driven the safety levels of its products to the highest levels for the consumer and all people involved in the manufacturing process of product, no matter how small, should be on the list, if their branded ‘goods’ become legislated against, their businesses may not recover the loss, it’s important the legislators know that jobs could be lost on all levels, even mine.

    Robin

    Yours sincerely,
    Robin

  • […] Just received this sensible declaration from e-cigarette businesses, which I understand has just been sent to MEPs, in advance of the ENVI discussion today. In my view it is more constructive and credible than the one sent by TVECA on Monday. Update: the premier American trade association, Smoke Free Alternative Trade Association (SFATA), representing 64 American-based and international companies have made their views clear via a statement circulated to MEPs. It’s a good assessment of the issues.  […]

  • […] Just received this sensible declaration from e-cigarette businesses, which I understand has just been sent to MEPs, in advance of the ENVI discussion today. In my view it is more constructive and …  […]

  • Sandra Daniels

    Thank you Clive Bates and Bravo to these companies!

  • michael jones

    It was obviously a ploy by TVECA with the backing of CORESTA (nearly all BIG T) to put a spanner in the works.Its a good job we have someone like Clive to guide us.

  • Patricia Waters

    Thank God for Clive Bates!

  • Bas

    Seeing this statement shows how close a lot of the industries views on Article 18 are actually similar to that from the European consumer organisations, namely getting article 18 out of the TPD and setting up a decent framework for e-cigs.

    Also this makes you wonder why on earth TVECA didn’t support the same option, I’m not one for conspiracy theories but I just can’t help seeing TVECA’s actions driven by Ray story’s UTVG as an attempt to undermine the rest of the organisations and ultimately getting market monopoly backed by BigT.

    Hopefully in today’s ENVI meeting common sense will prevail.

  • It would have been better if the smaller companies in the industry could have been included as signatories though which would show a damn site more support than TVECA’s claimed 80%.

    I would have added PlumeBlu to the list and I’m sure that most of my peers found as vendors across the main forums (as gathering support would have been fast) would have done so too.

  • Now this is what I can call a sensible statement.

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