Introducing the first in our series on the EU TPD (Tobacco Products Directive) to be implemented from May 20th, 2016. In this installment we're explaining: - What is the TPD? - What does the TPD mean for vapers? - TPD tank restrictions - TPD e-liquid restrictions - TPD vaping restrictions (Including where you can't vape) - General TPD restrictions - The TPD in Scotland - The TPD in Wales - The TPD in England - Advertising and the TPD - TPD vaping market changes Stay tuned for our next installment to the JAC Vapour TPD information series. www.jacvapour.com

1. THE TPD AND YOU
The Tobacco Products Directive is a package of
regulations developed by the European
Commission to cover the rules surrounding the
sale and use of tobacco and tobacco-related
products within the EU.
One article of the directive (Article 20) in
particular addresses the sale and use of e-
cigarettes.
19th of January 2016

2. WHAT IS THE TPD?
DEFINITION
Definition of e-cigarettes in the TPD:
Article 2 (16) - ‘electronic cigarette’ means a product that can be used for consumption of
nicotine-containing vapour via a mouth piece, or any component of that product, including a
cartridge, a tank and the device without cartridge or tank.
Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or
rechargeable with single use cartridges.
(17)‘refill container’ means a receptacle that contains a nicotine-containing liquid, which can be
used to refill an electronic cigarette;

3. WHAT IS THE TPD?
OVERVIEW
• The provisions set out in the TPD will be transferred into law in all member states on the 20th
May 2016. This is a set of standardised rules which apply to each member state, but
individual countries have the power to add additional legislation on top at the national level.
• While the TPD comes into effect on May 20th, there is time allowed for products already on
the market to continue to be sold while being brought into compliance.
• After November 20th 2016, all new products entering the market must be TPD compliant.
• After May 20th 2017, all pre-existing products must be TPD compliant or removed from
sale.
• It’s important to note, changes are still being made to various aspects of the directive and are
subject to change.

4. WHAT IS THE TPD?
OVERVIEW
• Unlike earlier drafts of the TPD, the final directive does not state that e-cigarettes are to be
treated as a medical product, which means that they are not subject to restrictive medical
licensing rules.
• Nicotine-containing products (NCP) which claim/imply that they can be used to cut down or
quit smoking are to be considered a medical product and must be licensed as such by the
MHRA.
• Taking the proposed TPD into account, once implemented, e-cigs will be considered a
tobacco-related product, subject to specific regulations.

5. WHAT THE TPD MEANS FOR UK VAPERS?
SALES AND TAXATION CHANGES
• E-cigs are not currently subject to product-specific legislation
• E-cigarettes are, however, a consumer product and so must comply with relevant safety
legislation which covers all consumer goods (CE, RoHS etc.)
• Age restrictions:
• Left to individual member states.
• In England, sales of e-cigarettes to under 18s are already prohibited since October 1st
2015.
• In Scotland, the same prohibition is planned as part of incoming legislation (Health
(Tobacco, Nicotine etc. and Care) (Scotland) Bill).
• The other devolved administrations in Wales and Northern Ireland are likely to follow
suit.

6. WHAT THE TPD MEANS FOR UK VAPERS?
SALES AND TAXATION CHANGES (cont.)
• Taxation:
• Expected to remain covered by VAT in the UK, with no additional taxes imposed.
• Advertising
• There will be EU-wide restrictions on the advertising or promotion of e-cigarettes, though
member states may choose to implement additional legislation at national level. There
will be a complete ban on advertising in Scotland as a result*.
*Subject to change

7. WHAT THE TPD MEANS FOR UK VAPERS?
PRODUCT RESTRICTIONS
• E-liquid will only be allowed to be sold in bottles no greater than 10ml in volume.
• Available in disposable (non-refillable) e-cigarette cartridge format
OR
• New 2ml max. capacity for tanks and carts, where tanks which hold 5ml or above are
relatively common at present.
• There will be a new limit of 20mg/ml (2%) maximum nicotine content, which will affect
existing vapers currently using 20mg or above at present.

8. WHAT THE TPD MEANS FOR UK VAPERS?
PRODUCT RESTRICTIONS (cont.)
• E-liquid will be prohibited from containing:
• Additives (e.g. vitamins) which “create the
impression that a tobacco product has a health
benefit or presents reduced health risks”.
• “Caffeine, taurine or other additives and
stimulant compounds that are associated with
energy and vitality”.
• “Additives that have colouring effects on
emissions”.

9. WHAT THE TPD MEANS FOR UK VAPERS?
VAPING RESTRICTIONS
• While not set out in the TPD itself, it is expected that in certain institutions throughout the
UK, such as schools and hospitals, the use of e-cigarettes will be prohibited in line with the
existing smoking ban.
• This is already happening in Scotland, with a ban on the use of e-cigs on NHS properties.
• Although this is looking like it may be overturned and already has in some cases.

10. WHAT THE TPD MEANS FOR UK VAPERS?
VAPING RESTRICTIONS (cont.) - WALES
• The devolved administration in Wales currently is considering further bans including:
• The use of e-cigarettes prohibited in:
• Schools
• Public transport
• “Eating places”
• Places where there is a “potential risk to
children”

11. WHAT THE TPD MEANS FOR UK VAPERS?
VAPING RESTRICTIONS (cont.) - WALES
• The power to enforce further regulations under the following:
• In specified circumstances.
• At specified times.
• If specified conditions are satisfied.
• In specified areas, or any combination of these.
• Fine:
• £200 ($310, €275) on vapers breaking the public usage rule.
• £2500 ($3880, €3430) for failing to prevent vaping.

12. WHAT THE TPD MEANS FOR UK VAPERS?
MARKET CHANGES
• Products available to UK vapers
• The new rules state that products entering the market once the TPD has come into effect,
must be reported to the “competent authorities” 6 months in advance.
• The “competent authorities” in the UK have not yet been established. These must be
reported to the European Commission within 3 months of the TPD coming into force.
• A raft of toxicological and emissions data will be required for every product entering the
market.
• The likely effect of this will be the slowdown of product development.
• The high costs involved in producing the necessary data is likely to prove too expensive
for many smaller vendors to afford.

13. WHAT THE TPD MEANS FOR UK VAPERS?
MARKET CHANGES
• Product design
• To conform with the new directive, devices must “deliver the nicotine doses at consistent
levels under normal conditions of use”.
• E-cigs and refill containers must be child- and tamper-proof, protected against breakage
and leakage and have a mechanism that ensures refilling without leakage.
• TPD compliant warning labels will be required on all unit packs of e-cigarettes and refill
containers.

14. WHAT THE TPD MEANS FOR UK VAPERS?
England Scotland Wales Northern Ireland
Age Restriction (18+) Yes Yes Yes Yes
Public place usage Minimum restrictions Minimum restrictions Smoking-level
restrictions
Minimum restrictions
Advertising, promotion
and
sponsorship
TPD–level
restrictions
Complete ban TPD–level
restrictions
TPD–level
restrictions
Product & packaging
restriction
TPD–level
restrictions
TPD–level
restrictions
TPD–level
restrictions
TPD–level
restrictions
Cross-border sales Allowed, TPD–level
restrictions
Allowed, TPD–level
restrictions
Allowed, TPD–level
restrictions
Allowed, TPD–level
restrictions
Information requirement TPD–level
restrictions
TPD + retailers
register
TPD + retailers
register
TPD–level
restrictions
Little or no regulation TPD level of regulation Heavier regulation than TPD
KEY: