Chapter 2 – Product Type Guide – UK

Part 6 of the Tobacco and Related Products Regulations 2016 (TRPR) obliges manufacturers and importers of electronic cigarettes to submit a notification to the Member State competent authorities of such products they intend to market.

The UK will continue to adhere to the common format set out in Commission Implementing Decision 2015/2183 of 24 November 2015 establishing a common format for reporting electronic cigarettes and refill containers. The submission format is specified in the Annex of this decision and the product type is required in Section 3 of this Annex.

What is needed

Regulation 31 requires the manufacturer or importer of an electronic cigarette or refill container to submit a notification for all products intended to be placed on the market.

Information to report

The following answer options are possible for answering the “Product type” field (please note that the fields to be filled in vary depending on the selected product type):

Product Type

  1. Electronic Cigarette – Disposable
  2. Electronic Cigarette – Rechargeable, marketed with some type of e-liquid (fixed combination). Any rechargeable product that can also be used as a refillable product should be reported under the refillable category
  3. Electronic Cigarette – Rechargeable Device Only. Any rechargeable product that can also be used as a refillable product should be reported under the refillable category
  4. Electronic Cigarette – Refillable, marketed with one type of e-liquid (fixed combination)
  5. Electronic Cigarette – Refillable Device Only
  6. Kit – A pack of more than one different e-cigarette device and/or more than one different refill container/cartridge
  7. Refill tank/cartridge with e-liquid
  8. Individual part of an electronic cigarette that may contain e-liquid
  9. Miscellaneous

Explanations

General Considerations

The TRPR only applies to electronic cigarettes that contain nicotine or that can be used with a nicotine-containing liquid and refill containers that contain a nicotine-containing liquid.

The TRPR therefore does not apply to disposable electronic cigarettes containing nicotine-free liquid or to cartridges containing nicotine-free liquid. Furthermore, an electronic cigarette may only be marketed in the form of (i) disposable electronic cigarette, (ii) rechargeable electronic cigarette for recharging with disposable cartridges or (iii) refillable electronic cigarette for refilling with means of a refill container and possessing a tank. As cartridges may only be for single use, they may not be refillable.

Although refillable electronic cigarette devices are generally placed on the market without liquid, the device falls within the scope of the TRPR as it can be used with liquid containing nicotine. Individual parts of electronic cigarettes sold separately also fall within the scope of the TRPR. These only have to be reported if they are essential components of the electronic cigarette that may contain nicotine. This would include the tank, atomizer or cartridge but exclude other components such as spare batteries or mouthpieces. More generic parts such as washers, O-rings and screws, which are necessary for the functioning of the device but are not distinctive elements of electronic cigarettes, could also be considered outside the scope of the reporting obligations provided for in the TRPR.

In order to determine whether an e-cigarette can be placed on the market, the manufacturer/importer should carefully assess whether it falls within the relevant definitions of the regulations and whether it can meet all quality and safety regulations. When reporting products, manufacturers/importers should select the appropriate “Product Type” from the list above. If products cannot meet the criteria set out in the regulations, they are not considered compliant.

Specific Notes

1. Electronic Cigarette – Disposable

This category applies to pre-filled electronic cigarette products intended for single use only (not refillable or rechargeable).

2. Electronic Cigarette – Rechargeable

Marketed with a type of e-liquid (fixed combination).

This category applies to rechargeable electronic cigarette devices that are placed on the market as a unit together with a disposable cartridge containing one type of e-liquid. The device can then be recharged with cartridges of the same type or different types, which are sold separately.

If a product consists of two reported products, e.g. For example, a rechargeable e-cigarette sold with a disposable cartridge where both the empty e-cigarette product and the cartridge have been reported, the composite product need not be rebranded if no rebranding has taken place. It will only be accepted that no rebranding has taken place if the brand names of each component product are unique to allow retailers and consumers to access the published notification information should they so choose.

In addition, we believe that any rechargeable product that can also be used as a refillable product should be reported in the refillable product category.

4. Electronic Cigarette – Refillable

Marketed with a type of e-liquid (fixed combination).

This category applies to refillable electronic cigarette devices that are marketed with a specific type of refill container that contains a type of e-liquid. The device can then be refilled from a separately available refill container.

6. Kit

Pack of two or more products including different e-cigarette devices and/or different refill containers/cartridges.

If a kit consists of two or more declared products, e.g. B. A rechargeable e-cigarette sold with a choice of flavor or strength cartridges, where the empty e-cigarette product and each cartridge refill container were individually reported, then if there was no rebranding the kit need not be reported . It will only be accepted that no rebranding has taken place if the brand names of each component product are unique to allow retailers and consumers to access the published notification information should they so choose.

This is only possible if each individual component has been reported.

8. Individual part of an electronic cigarette that may contain e-liquid

This category applies to distinctive parts of electronic cigarettes as described in the General Considerations section. Submitters should provide the name and a clear description of the product/part in their submissions if this “Product Type” is selected.

9. Miscellaneous

This category applies to electronic cigarettes and refill containers that do not fall into the listed categories. Submitters should provide the name and a clear description of the product/part in their submissions if this “Product Type” is selected.

Note on reporting sales data:

If separate reports are not submitted for kits or composite products where the components are submitted individually, sales data for the combination must also be submitted. This can be achieved, for example, by stating in the sales data for one of the components that “this product is also sold in combination with X product in a combination pack and the sales volume for this composite product is XXX.

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