E-cigarette and vape advice for retailers and producers

In the following information we provide you with advice on how to identify if you are a retailer or producer of e-cigarette and vaping products in accordance with Part 6 of the Tobacco and Related Products Regulations (TRPR) 2016 which sets out the requirements for e-cigarettes and refill containers.

Producers must submit information about their products to the MHRA through the MHRA Submission Portal and European Common Entry Gate (EU-CEG) notification portal for UK wide supply.

To clarify the terminology used in this guidance, here are some key definitions:

Electronic cigarette:

A product that delivers nicotine-containing vapour via a mouthpiece, including components such as cartridges, tanks, and the device itself.

Refill container:

A receptacle for holding nicotine-containing liquid, commonly known as e-liquids.

Differences between a retailer and a producer

To help you identify if you are a retailer or producer we have produced a guide to help.

If you are only a retailer of e-cigarette or vape products, you do not need to notify any products you sell unless you are also a ‘producer’ of the product.

A producer is anyone who manufactures or imports e-cigarette or refill container products and anyone who re-brands them as their own. If you qualify as a producer, please see the Advice for Producers of e-Cigarette and vape Products for putting a new products onto the UK market.

If you import or re-brand products, check with your supplier whether they have already made a UK notification for the specific product you sell. If they have done so, you do not need to submit a duplicate notification.

Products which have been successfully notified as compliant via MHRA Submissions will be published directly on the MHRA publication home page. Selecting the “ECIG” tile will provide direct access to the GB notified products list, published since 1 January 2021. Our publication home page also includes links for products successfully notified for Northern Ireland since 1 January 2021 and historic UK publications notified up to 31 December 2020.

Products may not legally be supplied until the notification has been published on the relevant list for Great Britain and/or Northern Ireland. Historic notifications published by the MHRA continue to be legal for supply in Great Britain and Northern Ireland.

Advice for retailers

The TRPR requirements on nicotine concentration (20mg/ml maximum) and size of presentation (10ml maximum for refill container and 2ml maximum for e-cigarettes) apply to products sold to end consumers (irrespective of whether the end consumer intends to modify the product).

Retailers must adhere to the Tobacco and Related Products Regulations (TRPR) regarding nicotine concentration (maximum 20mg/ml) and presentation size (maximum 10ml for refill containers and 2ml for e-cigarettes) for products sold to end consumers, regardless of whether the end consumer intends to modify the product.

When procuring new supplies of e-cigarette or e-liquid products, always ensure that a notification has been published in one of the Notified Product lists provided above. If you cannot locate the product on the MHRA’s website, request your supplier to confirm proper notification and publication and provide the necessary details to verify the product’s status. If a product notification is not yet published, it should not be supplied to you. Please be aware that the publication of a notified product does not guarantee its compliance with UK labelling requirements. It is the retailer’s responsibility to ensure that all supplied products comply with the UK’s regulations. For further requirements, view the E-Cigarette/vape products Regulator Profiles.

Underage Sales

Retailers are also required to operate suitable Age Verification Policies when selling vaping products, ensuring they do not sell to those aged under 18 years old. Nicotine containing vaping products are age restricted under The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015. This regulation is enforced by regional Trading Standards services. The Chartered Trading Standards Institute has produced guidance to assist retailers in meeting their obligations which is available on their Business Companion website. Additional retail guidance and downloadable materials are also available from the Association of Convenience Stores (ACS) as part of their Responsible Retail Campaign for vaping products in order to:

Support retailers in communicating their robust age restricted sales policies on vapes to customers
Educate retailers and consumers on what to look for when identifying illicit or fake vapes
Encourage retailers to report illegal activity by other businesses when they see it.

Further information

Key terms and non-compliance notes

Below, you’ll find definitions of products compliance procedures that are subject to these regulations:

Electronic Cigarette:

A product capable of delivering nicotine-containing vapor through a mouthpiece or any of its components, including cartridges, tanks, and the device itself (excluding cartridges or tanks).
E-cigarette products and component elements sold separately containing or potentially containing nicotine require notification. However, items like mouthpieces, batteries, and similar components do not need notification.

Scope of Regulation:

Products not meeting the above definition (for example: e-cigarettes without nicotine or 0% nicotine e-liquids) fall outside the scope of TRPR and are regulated under General Product Safety Regulations. Please note that the regulation include all forms of Nicotine, including synthetic.

Extender and Replacement Tanks:

Tanks exceeding 2ml capacity are non-compliant with regulations and cannot be supplied in the UK, even as part of a notified product/kit for sale.
Products with non-essential components modifying tank size, like plastic plugs, are considered non-compliant.

Squonkers:

Squonkers with a reservoir or tank exceeding 2ml capacity do not meet regulations and cannot be supplied in the UK.
Refill containers for squonkers must also comply with the regulations.

Notified Compliant Products:

Products that have been that nicotine-containing vapes and e-liquids that are published by the MHRA are legal for sale in the UK, unless they are found to violate the Tobacco and Related Products Regulations 2016 (as amended) by Trading Standards or through intelligence.
Compliant products cannot be packaged with non-compliant accessories for sale in the UK market.

Refill Container:

Definition: A container holding nicotine-containing liquid used to refill electronic cigarettes, commonly known as e-liquids.

Replacement E-Cigarette Parts:

Notification is required for parts containing nicotine if they haven’t been previously notified as part of a device or e-cigarette kit.
Identical replacement parts already notified for another e-cigarette product do not require separate notification if it’s clear on the labelling which notified product the part is for.
Non-identical replacement parts, especially those affecting consumer safety (for example, changing refill capacity), need separate notification.

Rebuildable Devices:

These devices fall under the above definition and require notification. Refer to the product type guidance pages for more advice:

Submission Type Guidance GB

Submission Type Guidance Northern Ireland

Cannabidiol (CBD) in Nicotine-Containing Refill Containers:

The presence of CBD in nicotine-containing refill containers implies health benefits and is prohibited under regulations 16(1)(a).
Regulation 16(1)(a) bans the use of “vitamins or other additives suggesting a health benefit” in tobacco products. This doesn’t address CBD’s safety in consumer products.

Retailers and producers dealing with the listed products should review their inventory and take immediate corrective measures where necessary.

This includes:

Ensuring products are available in compliant formats or packaging for supply in Great Britain and Northern Ireland.
Providing evidence of corrective actions taken to make products compliant with UK market requirements.

Contact

For more information on the regulatory framework, or to register for ongoing updates about the scheme contact TPDnotifications@mhra.gov.uk.

From <https://www.gov.uk/government/publications/advice-for-retailers-and-producers

E-cigarette and vape advice for retailers / producers