Legislation analysis for professionals in the e-cigarette industry

Hardware notification in Denmark: questions answered

12th May 2017 - Country regulatory reports , Regulatory reports |

From 7th June 2017, all e-cig products launched in Denmark must meet the new requirements for notification and ones that don’t must be removed from the market. As the transitional period is approaching, questions concerning hardware notification are being raised by many of our subscribers. This guide aims to clarify any particularities you may face in the process of hardware notification.

Finland takes a hard line, banning all flavours except tobacco

12th May 2017 - News analysis |

Finland has exceeded the requirements of the European Tobacco Products Directive (TPD) by banning all flavoured e-liquids except tobacco flavour.

Europe approves reclassification of nicotine in new CLP regulation

12th May 2017 - News analysis |

The European Commission has published a new regulation on the classification, labelling and packaging (CLP) of substances and mixtures, including nicotine, to come into effect in December 2018.

Fear of future regulation hangs over South Africa’s growing market

12th May 2017 - News analysis |

South Africa has a growing e-cigarette market driven by rising health concerns and a parity between conventional and electronic cigarette pricing. But potential regulation casts a dark cloud on the horizon.

Russia: strict regulation appears to be on the way

11th May 2017 - Country regulatory reports , Regulatory reports |

Until now the only law directly affecting e-cigarettes in Russia has been a tax levied on nicotine-containing products. But that looks set to change, with five bills under consideration that would see sweeping restrictions imposed.

French e-cig sector optimistic about future under President Macron

10th May 2017 - News analysis |

Emmanuel Macron’s victory in the French presidential election gives the e-cigarette industry some hope for the future of the sector in the country.

Senate confirms e-cig industry’s friend Gottlieb as FDA chief

10th May 2017 - News analysis |

Scott Gottlieb, who plans a review of the deeming regulation that has caused so much concern for the e-cigarette industry, is set to become the next commissioner of the U.S. Food and Drug Administration (FDA) after winning Senate confirmation.

Toxicity and notification: a guide to European CLP regulation, part 2

8th May 2017 - Regulatory reports , Topic regulatory reports |

In Europe, chemical substances must be classified according to their toxicity levels, and depending on the classification some obligations arise, as detailed here.

Extended FDA compliance deadlines in detail

8th May 2017 - News analysis |

Your guide to the new extended deadlines announced by the U.S. FDA for compliance with various aspects of its deeming regulations for the e-cigarette industry.

ECigIntelligence report untangles the web of U.S. regulation

8th May 2017 - News analysis |

E-cigarette regulation in the U.S. is more complex than ever following the arrival of the final deeming regulations and increasing legislation at federal, state and local level, as is spelled out in detail in a new report for ECigIntelligence subscribers.

New York state regulation: tough times ahead for e-cigs

6th May 2017 - Country regulatory reports , Regulatory reports |

ECigIntelligence explores e-cigarette regulation in the state of New York, which is showing signs of taking a hard line toward vaping despite little existing law.

FDA expected to extend deeming rule deadlines by three months

3rd May 2017 - News analysis |

The U.S. Food and Drug Administration (FDA) is expected to move back the deadlines for compliance with many aspects of its deeming regulations for e-cigarettes.

Cole urges Gottlieb to hurry up with changes to deeming regulations

3rd May 2017 - News analysis |

Congressman Tom Cole has cautiously endorsed FDA commissioner-designate Scott Gottlieb’s plan to review the agency’s contentious deeming regulation on e-cigarettes and tobacco products – but urged him to hurry.

Deeming and beyond 2017: exclusive download

2nd May 2017 - Regulatory reports , Topic regulatory reports |

Exclusively for ECigIntelligence Platinum subscribers, you can now download a free PDF of the most recent ECigIntelligence report on e-cigarette regulation in the United States.

French government clarifies extent of workplace vaping ban

2nd May 2017 - News analysis |

A new decree clarifies the details of the workplace vaping ban in France.

Gottlieb backed to head FDA, with support from Democrat senators

2nd May 2017 - News analysis |

A key U.S. Senate committee voted in favour of making Dr. Scott Gottlieb the next FDA commissioner after he laid out plans to review the deeming rule that has generated so much controversy within the e-cigarette industry.

Congress proposal to replace deeming rules with industry standards

2nd May 2017 - News analysis |

A California Republican congressman and vaping promoter has introduced a bill in Congress to exempt e-cigarettes from controls in not only the controversial FDA deeming regulation but also the Tobacco Control Act.

Cole-Bishop attempt to change grandfathering date fails again

2nd May 2017 - News analysis |

Proposed legislation offering relief on the grandfather date in the FDA deeming regulation did not make it into a major spending bill to fund the U.S. government through the rest of the fiscal year.

French quality service guide can establish national code of conduct

27th April 2017 - News analysis |

A new customer service guide for French e-cig retailers sets out to professionalise the country’s vape stores and establish a nationwide code of conduct.

Industry association trains its sights on cowboy firms and battery safety

26th April 2017 - News analysis |

A newly launched U.S. industry association, the Global Vaping Standards Association, is targeting “fly-by-night” manufacturers, and making battery safety its first priority.

Axing of Murthy as surgeon general could be welcome news for e-cigs

26th April 2017 - News analysis |

President Trump will get an early jump on naming the next U.S. surgeon general after forcing Vivek Murthy out as America’s top doctor.

Taking e-cig advertising outdoors

26th April 2017 - Market reports , Marketing & retailing |

Outdoor advertising is arguably the most important medium left open for e-cigarette companies looking to create brand awareness. But what can it actually do for a company and is it worth it?

Indiana backs down on restrictive e-liquid manufacturing permit law

26th April 2017 - News analysis |

Indiana’s infamous e-liquid manufacturing security law is a governor stamp of approval away from being modified – but the change may come too late for most of the state’s producers.

Croatia: law change ‘threatens jobs and cessation efforts’

20th April 2017 - Regulatory reports , Topic regulatory reports |

Representatives of Croatia’s vaping industry are protesting against proposed legislation which equates e-cigarettes with combustible tobacco products, claiming it will damage anti-smoking efforts and destroy jobs.

‘Lack of trust leads to needlessly repressive anti-vaping legislation’

20th April 2017 - News analysis |

Sociologist Amelia Howard will tell the 2017 Global Forum on Nicotine in Warsaw that a lack of trust in the e-cigarette industry leads governments around the world to introduce harsh measures against a low-risk product.

Finland: online sales banned in hardline TPD

19th April 2017 - Country regulatory reports , Regulatory reports |

ECigIntelligence finds a stringent approach to e-cigarette regulation in Finland, where nicotine-containing products were only recently legalised.

Substantial equivalence: the market approval process in detail

19th April 2017 - Regulatory reports , Topic regulatory reports |

This report examines the current ways the e-cigarette industry in the U.S. has to get premarket approval from the FDA for new products, including detailed definitions of what constitutes a new product.

Estonia: online ban, taxes on the way

18th April 2017 - Country regulatory reports , Regulatory reports |

While The Tobacco Act classes e-cigarettes as tobacco-related products, Estonia’s government is considering a draft amendment to that bill that could see domestic online sales may be banned in 2019. Currently, e-liquid is not taxed, but that is likely to change in 2018, when e-liquids could be taxed at the rate of €0.2 per millilitre.

New York backs away from Governor Cuomo’s tax demand – for now

18th April 2017 - News analysis |

New York state legislators have removed measures that would have imposed restrictions on e-cigarettes and taxes on e-liquids just before passing the state budget.

Texas: few restrictions but plenty of red tape

18th April 2017 - Country regulatory reports , Regulatory reports |

ECigIntelligence guides you through the thicket of bureaucratic requirements faced by retailers engaging in either face-to-face or distance sales of vapour products in the Lone Star State.

Bid to overturn Austria’s online sales ban fails at the highest hurdle

11th April 2017 - News analysis |

Austria’s Constitutional Court, the country’s highest judicial authority, has upheld the national ban on online sales of vaping products.

Estonian legislators consider joining the crusade against vaping flavours

11th April 2017 - News analysis |

A contested amendment to Estonia’s Tobacco Act proposes a ban on all e-liquid flavours except tobacco as well as a prohibition on domestic distance selling of vape products.

Kansas and Pennsylvania go their different ways on tax wrangles

11th April 2017 - News analysis |

Legal moves in two U.S. states show them moving in almost opposite directions on e-cigarette taxation – Kansas clarifying and lowering its e-liquid tax, while Pennsylvania’s revenue department digs its heels in against a court challenge.

Gottlieb sees ‘an opportunity’ for e-cigs as leader of the FDA

11th April 2017 - News analysis |

The man picked by Donald Trump to lead the FDA said his appointment was “an opportunity to make the framework much more comprehensive and much more viable” for alternatives to tobacco.

Mexico: illegal trade goes on openly in the streets

11th April 2017 - Regulatory reports , Topic regulatory reports |

A year and a half after the country’s Supreme Court overturned a fine on a vape salesman, e-cigarettes remain illegal in Mexico – but they also remain openly on sale, with no prosecutions in process.

Lithuania: restrictions in line with TPD

6th April 2017 - Country regulatory reports , Regulatory reports |

Our guide to Lithuania’s amended Tobacco law, which came into force on 20th May 2016, transposing the European TPD and imposing various legal restrictions on vaping products.

‘Softly softly’ UK Trading Standards approach won’t keep everyone happy

6th April 2017 - Marketing & retailing , News analysis |

Not all are happy about a decision to take it easy on violators of the EU Tobacco Products Directive when it formally comes into force in the UK in May.

‘Healthier than smoking’ flyer falls foul of UK advertising watchdog

6th April 2017 - News analysis |

UK regulators have shown they will still clamp down on unauthorised e-cig health claims despite a consultation which appeared to suggest a softening of stance.

Cole: my effort to get deeming relief passed in Trump’s federal budget bill

6th April 2017 - News analysis |

In a special interview, Tom Cole tells ECigIntelligence how his efforts are progressing to bring the e-cigarette industry relief from the FDA’s deeming regulations.

FDA urged to hold fire for two years on deeming regulation deadlines

4th April 2017 - News analysis |

A well-known advocate of limited government has stepped up efforts to get the U.S. Food and Drug Administration (FDA) to water down its deeming regulation.

Retailers have six months to register under terms of Scottish Health Act

4th April 2017 - News analysis |

Scotland’s Health Act has come into effect, compelling retailers to register if they intend to continue to sell e-cigarette products in the country.

Britain stands (mostly) united on the health benefits of vaping

30th March 2017 - Regulatory reports , Topic regulatory reports |

As the UK embarks on its contentious exit from the European Union, what are the prevailing attitudes to vaping in Britain, and how is e-cig policy likely to develop there? We report on the opinions that matter.

Romania: tax unchanged, advertising restricted

30th March 2017 - Country regulatory reports , Regulatory reports |

In this March 2017 report, we see that Romania has transposed the Tobacco Products Directive (TPD). There is a tax on some e-cigarette products, but vaping is still allowed in most public places.

Iceland preparing to follow European lead on e-cig legislation

27th March 2017 - News analysis |

Iceland is a step closer to passing a bill that will regulate vaping products, with EU-style legislation likely to come into force this summer.

California: vaping treated as if it was tobacco

24th March 2017 - Country regulatory reports , 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.

Toxicity, packaging and labelling: a guide to European CLP regulation

23rd March 2017 - Regulatory reports , Topic regulatory reports |

Manufacturers or suppliers of e-liquids in Europe must determine the toxicity of individual ingredients in their products and label and classify all products accordingly. Here we guide you through the detail of the CLP regulation on classification, labelling and packaging.

Enforcement in Denmark: questions clarified, activity increasing

23rd March 2017 - Regulatory reports , Topic regulatory reports |

Who are the authorities responsible for enforcing the rules on e-cigarettes in Denmark? We look at the work of Denmark’s Safety Technology Agency and the Danish Consumer Ombudsman.

Australia turns down appeal to reclassify nicotine for e-cigarette use

23rd March 2017 - News analysis |

Australia will not re-classify nicotine to allow the domestic sale of e-cigarettes, having refused to legalise nicotine-containing e-liquid despite appeals to support vaping for harm reduction.

Proposed Taiwanese e-cigarette ban faces international criticism

23rd March 2017 - News analysis |

Taiwan’s proposed e-cigarette ban has been severely criticised by international legal experts on grounds of both public health and freedom of trade.

Hungary: strict new regime comes down hard

22nd March 2017 - Country market reports , Market reports |

ECigIntelligence looks at state of the e-cigarette market in Hungary following transposition of the European TPd and the imposition of the strictest regulatory regime in Europe, with online sales banned and bricks-and-mortar sales restricted to nationally registered tobacconists.

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