Dear Chairman, Rapporteur and Shadow Rapporteurs
It has become apparent that the views of the European e-cigarette industry regarding the regulation of their products under the Tobacco Products Directive are being mis-represented to you and your fellow Members of ENVI.
Below and attached are joint declarations signed by a coalition of e-cigarette businesses in Continental Europe and the UK and 70 companies in the United States of America. As the regulation of e-cigarettes is currently being considered, developed and implemented in Brussels, London (and other capital cities across Europe) and Washington, our objective is to ensure a ‘collective’ industry voice to ensure an outcome – appropriate and proportional regulation and policy implementation – which meets the objectives of governments and public health regulators, is achievable for the growing industry and will realise the public health benefits offered by e-cigarette products as a safer alternative to cigarettes.
As you approach Wednesday’s ENVI meeting, please be aware of and note carefully the contents of these joint declarations.
Joint Declaration of the E-cigarette Industry – the Regulation of E-cigarettes under the Tobacco Products Directive
Changes made to Article 18 in trilogue arguably render it a new Directive and we note public health advocates of e-cigarettes and consumer groups are proposing that the European Commission should recommence the process and start a new consultation process on Article 18.
For the European e-cigarette industry, the specific problem issues within the current text are:
- Nicotine limits – as the key scientists in the field of tobacco and e-cigarettes have identified in their 16 January 2014 declaration (attached), a 20mg/ml nicotine content is proven as insufficient for smokers using e-cigarettes as a substitute for cigarettes
- Advertising ban – preventing consumers from finding out about products products recognised as safer than cigarettes and the industry from informing them in a responsible manner
- Pharmaceutical style product standards – requirements for consistent dosing (same puff always delivers the same amount of nicotine), pharmacokinetic testing, leak free refilling and post-market pharmacovigilance – which appear to be copied from medicinal regulation and are not achievable for the majority of existing products
- Refillables – provision to extend ban across EU if three Member States apply a ban
- National Governments’ ability to ban cross border sales and maintain status quo to classify e-cigarettes as medicinal products
As a responsible industry, we remain committed to constructive engagement with the European Commission and Parliament to correct these issues in a mutually satisfactory manner. While a swift adoption of the TPD is regarded as an imperative, as an industry we believe it’s critical to have appropriate and proportional regulation and policy implementation capable of realising the public health benefits offered by e-cigarettes as a safer alternative to cigarettes.
We believe most of the above issues can be addressed by the prompt adoption of agreed Industry Standards (to ensure standards of product quality & safety) and an Advertising Code (to ensure all advertising is responsible and targeted only at smokers) – both of which are being progressed by the industry and are close to being finalised.
Electronic cigarettes Ltd
Gower Enterprises Ltd
House of Liquid
JAC Vapour Ltd
Mirage Cigarettes Ltd
Nome Dell Azienda
ROK Premium Electronic Cigarettes
The Electronic Cigarette Company
Victory Electronic Cigarettes Corp
VIP Electronic Cigarettes
VT Wholesale Ltd