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Vaping treated as if it was tobacco in California

24 March, 2017 - Regulatory reports |

California
North America
United States
Regulation and Legislation
Regulatory reports

In this March 2017 look at regulations in California, we find that nicotine-containing products are subject to a wholesale tax of 27.3%. This tax rate will be revised periodically. Vaping in the state is treated as tobacco in regards to public usage.

TPD is being transposed as UK plans to leave the EU

15 March, 2017 - Regulatory reports |

England
Europe
Northern Ireland
Scotland
United Kingdom
Wales
Regulation and Legislation
Regulatory reports

In this March 2017 report on the UK market, we find that there is currently no national legal restriction on the public usage of e-cigarettes in the United Kingdom. Variations in interpretation of the TPD include a modification of the six month standstill period for launching new products, while Tank size limits for new products is 2ml and applies to all tanks, regardless of whether they contain nicotine when sold.

Hungary opens for vaping trade, but with stiff restrictions

10 March, 2017 - Regulatory reports |

Europe
Hungary
Policy and Politics
Regulation and Legislation
Regulatory reports

Hungary has finally opened its market for sale of nicotine e-cigarettes by adopting changes to its national tobacco laws and aligning them with TPD standards. Nevertheless, Hungarian regulation remains among the most severe in Europe. Enforcement of the ban on cross-border and online sales is very efficient, making it almost impossible to buy vaping products online in Hungary. Hungary is also one of the few EU states to have banned flavours.

FDA moves to restrict distribution of free samples

9 March, 2017 - Regulatory reports |

North America
United States
Regulation and Legislation
Regulatory reports

Under the Food And Drug Administration’s Code of Federal Regulations Title 21, distribution of free samples of tobacco products is prohibited. For now, the FDA has published draft guidance on the subject, in order to aid compliance with the law.

EU flags, Brussels

European e-cig product notifications expected to top 140,000

27 February, 2017 - Regulatory reports |

Bulgaria
Croatia
Cyprus
Estonia
EU
Europe
Finland
France
Germany
Italy
Latvia
Lithuania
Poland
Portugal
Spain
United Kingdom
Regulation and Legislation
Regulatory reports

Europe’s e-cigarette manufacturers and importers had submitted more than 70,000 individual products to the European Union Common Entry Gate (EU-CEG) by the end of 2016 – and that number is expected to have rapidly doubled.

Impacts of regulatory changes on the global e-cigarette market

20 February, 2017 - Regulatory reports |

EU
Europe
North America
United States
Regulation and Legislation
Regulatory reports

Is regulation always a bad thing for the vapour industry? In a report based on a presentation given to industry experts in Washington, ECigIntelligence’s international legal analyst Pablo Cano Trilla weighs up the evidence for and against.

Portugal halves tax on nicotine e-liquids

1 February, 2017 - Regulatory reports |

Europe
Portugal
Regulation and Legislation
Regulatory reports

Portugal’s 2016 Tobacco Law fully transposed the TPD. A further bill is expected later this year which seeks to ban vaping within five metres of windows or an entrance to health institutions and pharmacies, places primarily intended for people under 18 and educational institutions, irrespective of the students’ age.

Indonesia: ban looks possible – when government makes its mind up

15 December, 2016 - Regulatory reports |

Asia
Indonesia
Marketing and Retailing
Public Health and Medicine
Regulation and Legislation
Regulatory reports

The legal classification of e-cigarettes in Indonesia is far from clear – whether they come under regulations relating to tobacco, pharmaceutical or consumer products.
What does seem clear is that e-cigs continue to be legal for now, despite some reports last year to the contrary. It is possible they may become illegal in future. Our in-depth regulatory report looks at every aspect of e-cigarette regulation in Indonesia.

Belgium: end of medical regulation, new consumer regime imminent

6 December, 2016 - Regulatory reports |

Belgium
Europe
Regulation and Legislation
Regulatory reports

The new Belgian law, transposing the TPD, comes into force in January 2017. It will end the classification of e-cigarettes as medical devices and impose severe restrictions, including an online sales ban as well as product, packaging, labelling and advertising restrictions.

Taiwan

Taiwan: likely to end pharma regime for nicotine-containing products

1 December, 2016 - Regulatory reports |

Asia
Taiwan
Regulation and Legislation
Regulatory reports

In this report, ECigIntelligence looks in detail at the situation in Taiwan, where the legal situation may possibly be set to change. It is likely that nicotine-containing products will become legal while nicotine-free liquid will be banned, leading unusual situation of nicotine-containing e-cigarettes being available as consumer products while nicotine-free products were treated as pharmaceutical products.

Israel looks set to follow EU or U.S. lead on e-cig legislation

16 November, 2016 - Regulatory reports |

Asia
Israel
Marketing and Retailing
Policy and Politics
Regulation and Legislation
Regulatory reports

In this report, ECigIntelligence looks at a country with a complex past and slightly complicated present as the Supreme Court recently overturned a five-year ban on e-cigs. ECigIntelligence expects Israel to follow the European or American lead in future legislative decisions.

Bulgaria brings in TPD regulation with the lightest of touches

15 November, 2016 - Regulatory reports |

Bulgaria
EU
Europe
Marketing and Retailing
Policy and Politics
Regulation and Legislation
Regulatory reports

Bulgaria has taken a gentle approach to adopting Europe’s TPD regulations. E-cigarettes are regarded as “tobacco-related” rather than tobacco products as such, and are treated more benignly than tobacco, with public usage allowed.

Regulation in Norway: ban on nicotine products likely to end

3 November, 2016 - Regulatory reports |

Europe
Norway
Scandinavia
Marketing and Retailing
Policy and Politics
Public Health and Medicine
Regulation and Legislation
Regulatory reports

We strongly expect nicotine-containing e-cigarettes to be legalised in Norway, where their sale has been banned until now. The anticipated move will come as a boost to the Norwegian vaping market, which has already grown by 18% since 2014.

Heat-not-burn in Europe: emerging regulation for a new category

26 October, 2016 - Regulatory reports |

EU
Europe
Italy
Companies
Marketing and Retailing
Policy and Politics
Public Health and Medicine
Regulation and Legislation
Technology and Innovation
Regulatory reports

This report examines the regulation of heat-not-burn (HnB) or heated tobacco products in Europe, as well as some of the broader regulatory issues that they raise. It considers their treatment under the TPD; the question of whether they are smoking or smokeless products; and issues such as labelling, advertising and taxation. A detailed case study focuses on Italy.

Italy: light-touch TPD transposition with minimal restrictions

21 October, 2016 - Regulatory reports |

EU
Europe
Italy
Marketing and Retailing
Public Health and Medicine
Regulation and Legislation
Regulatory reports

Italy has adopted a light touch approach to implementing the European TPD regulations, with only minimum restrictions on the e-cigarette industry. There is only a limited ban on advertising, and no restriction on public use of e-cigs. Cross-border sales are prohibited, but domestic distance sales are allowed. Our report provides a full examination of all aspects of post-TPD e-cigarette regulation in Italy.

Netherlands: TPD followed closely, but some issues remain unresolved

20 October, 2016 - Regulatory reports |

Europe
Netherlands
Marketing and Retailing
Public Health and Medicine
Regulation and Legislation
Regulatory reports

Regulation of vape products in the Netherlands follows closely the provisions of the European Tobacco Products Directive (TPD). But although the vaping industry is highly regulated, a few issues remain to be resolved, such as what laboratories will be accredited for product testing. This complete regulatory report examines in detail every aspect of e-cigarette regulation in the Netherlands.

FDA demands health documents from U.S. makers and importers

18 October, 2016 - Regulatory reports |

North America
United States
Public Health and Medicine
Regulation and Legislation
Regulatory reports

Following the introduction this summer of the deeming regulations by the U.S. Food and Drug Administration (FDA), each vapour product manufacturer or importer is required to submit health documents describing the physiological, behavioural and toxicological effects of their tobacco products, current or future.

Poland regulatory report: e-cigs regulated as tobacco

30 September, 2016 - Regulatory reports |

EU
Europe
Poland
Marketing and Retailing
Policy and Politics
Regulation and Legislation
Regulatory reports

Recent legislation transposes the EU’s Tobacco Products Directive into Polish law and regulates e-cigarettes in the same way as tobacco.

This means advertising and vaping are banned in public places are banned, in line with the restrictions on combustible tobacco products.

Required warning statements on U.S. advertisements

23 September, 2016 - Regulatory reports |

North America
United States
Marketing and Retailing
Policy and Politics
Public Health and Medicine
Regulation and Legislation
Regulatory reports

The U.S. Final Deeming Rule requires that the advertisements of all covered tobacco products, including e-cigarettes, bear an addictiveness warning label statement. For tobacco products that do not contain nicotine, there is an alternative warning label statement for packages and advertisements.

Croatia regulatory report: TPD finally being transposed

23 September, 2016 - Regulatory reports |

Croatia
Europe
Marketing and Retailing
Policy and Politics
Public Health and Medicine
Regulation and Legislation
Regulatory reports

E-cigarette products are in the process of being regulated in Croatia, by transposing the Tobacco Product Directive (TPD), once the government is established. We expect the Draft Act on Restriction of the Use of Tobacco Products to be passed by the end of 2016, or early 2017. The delay in transposition led the European Commission (EC) to take an infringement decision against Croatia.

European retailers face complex rules on in-store marketing

20 September, 2016 - Regulatory reports |

England
EU
Europe
France
Germany
Italy
Netherlands
Northern Ireland
Poland
Scotland
United Kingdom
Wales
Marketing and Retailing
Regulation and Legislation
Regulatory reports

ECigIntelligence has taken an in-depth look at the current situation for e-cigarette point of sale advertising in six of the biggest e-cig markets in Europe, offering guidance on what can and can’t be done in-store. It is important to take into account that regulation is still developing in many countries, and enforcement and interpretation by authorities is still to be seen.

Advertising, promotion and sponsorship in post-TPD Europe

9 September, 2016 - Regulatory reports |

EU
Europe
Marketing and Retailing
Regulation and Legislation
Regulatory reports

The transposition of the European Union’s (EU’s) Tobacco Products Directive (TPD) has introduced changes that have strong implications for the future of the emerging e-cig industry – particularly advertising, promotion and sponsorship. We run through the implications.

Deeming regulations and product packaging: key questions answered

9 September, 2016 - Regulatory reports |

North America
United States
Marketing and Retailing
Regulation and Legislation
Regulatory reports

New vapour products have been barred from entry to the U.S. market – but what impact will this have on those already on sale? How will the FDA’s final deeming rule impact the packaging of e-cig products considered “safe”?

France regulatory report: public spaces relaxed, ads banned

5 September, 2016 - Regulatory reports |

Europe
France
Regulation and Legislation
Regulatory reports

One of the world’s largest e-cig markets, France has transposed the Tobacco Products Directive (TPD) in several pieces of legislation, starting with the Health Law plus decrees and ordinances with more detailed product specific regulation for e-cigarettes.

The most stringent provision has been an almost complete ban on any type of advertising and sponsorship, which equalises the e-cig regime with that of tobacco.

ECigIntelligence TPD logo - what next

The TPD’s impact on product design explained

1 September, 2016 - Regulatory reports |

EU
Europe
Regulation and Legislation
Regulatory reports

The Tobacco Products Directive (TPD) has important implications for the products that are allowed on the e-cig market, because it prescribes their characteristics, such as the permitted concentration of nicotine or the size of bottles.

Exclusive Platinum subscriber download: the TPD era guide

18 August, 2016 - Regulatory reports |

Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
EU
Europe
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxemburg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom
Regulation and Legislation
Regulatory reports

ECigIntelligence recently published a new guide to Europe’s post-Tobacco Products Directive era, a 152-page book packed with information every e-cig business needs to conduct business in the world’s largest economic area. ECigIntelligence Platinum subscribers can download a complimentary copy of The TPD era: e-cigarette regulation in Europe – 2016 and beyond. Non-Platinum subscribers can download a […]

TPD compliance: what to test and how to test it

17 August, 2016 - Regulatory reports |

EU
Europe
Regulation and Legislation
Technology and Innovation
Regulatory reports

The EU’s Tobacco Products Directive (TPD) demands that manufacturers supply information on the ingredients and components of e-cig products, as well as testing ingredients and carrying out toxicological assessments – but it is vague on the detail of what to test and how. More clarity has been forthcoming from the European Commission (EC), however, with guidance on its expectations for testing.

Irish regulatory report: TPD law includes unusual packaging rule

12 August, 2016 - Regulatory reports |

EU
Europe
Ireland
Regulation and Legislation
Regulatory reports

    Executive summary   Ireland’s transposition of the TPD has been quite straightforward, with no tax on e-cigs, and advertising restricted as per the TPD. There is one unique restriction in Ireland’s law, however. The product presentation – the packaging – for electronic cigarettes cannot include any feature that makes reference to the taste […]

Russia: regulations expected by 2017

5 August, 2016 - Regulatory reports |

Asia
Europe
Russia
Marketing and Retailing
Public Health and Medicine
Regulation and Legislation
Regulatory reports

        Executive summary   • E-cigarette products are mainly unregulated in Russia, aside from general consumer and safety regulation. • Several initiatives to regulate policy are currently being discussed at the State Duma. These cover areas such as age restriction, advertising, labelling and public place use. • There is currently no excise […]