DOH - More misinformation confusion and scaremongering about ecigs

Dear Wayne E Marler,

The Government has responded to the petition you signed – “Fight the European Comission on the ridiculous regulations of e-cigarettes”.

Government responded:

The Government recognises the potential benefits of e-cigarettes to reduce the harms of smoking. The TPD introduces a regulatory framework which does not ban flavours or the use of refillable tanks

Misleading:  reads as if without regulation there are no benefits of using e-cigarettes, e-cigarettes are already reducing the harms of smoking without regulation.

Not banning flavours or refillable tanks means you should be pleased that it is not a lot worse ! Where is the harm or risk in using refillable tanks or flavours ? 

The revised Tobacco Products Directive (Directive 2014/40/EU) (TPD), was published in April 2014 and the UK is now required to transpose the TPD into domestic law by May 2016. A consultation on the draft regulations and impact assessment was held from July to September this year. The TPD will introduce additional rules on the composition, safety and presentation of e-cigarettes to ensure a high level of health protection for UK citizens.

Wrong: there was no consultation or impact study commissioned when the EU concocted Article 20 of the TPD dealing with the regulation of e-cigarettes.

The TPD will not ensure a high level of health protection for UK citizens and will in fact have the very opposite affect by restricting the most effective products available to consumers.

Whilst the Government recognises the potential benefits of e-cigarettes and their role in reducing the harm of tobacco use and helping smokers quit, the quality of products on the market remains variable and they are not risk free. The regulatory framework introduced by the TPD is intended to provide for minimum standards for safety and quality of all e-cigarettes and e-liquids, information to consumers so that they can make informed choices, and an environment that protects children from beginning to use these products.

Misleading: Variable product quality is no different in e-cigarette products than any other consumer products available on the market - lower quality does not mean higher risk.

Risk free - nothing is risk free , using this term when discussing e-cigarettes is very misleading a better statement would be " e-cigarettes are at least 95% safer than smoking cigarettes" Ref: PHE report.

Children: There is absolutely no evidence that children either use e-cigarettes or that the industry positions their products to attract children to use them - misleading to suggest that the TPD regulations in some way addresses this "none existent issue"  it does not.

Restricting component size like tanks (2ml) and e-liquid refills (10ml) increases the risk of potential choke hazards and has greater environmental impact    

The TPD does not ban new flavours in e-cigarettes and e-liquids. The TPD permits Member States to make their own rules on flavours in e-cigarettes and e-liquids, however the Department of Health has no current plans to do so.

Oh thanks ! you are not being told what flavours you can taste by the DOH 

Refillable tanks will still be permitted under the TPD. Tanks will be limited to 2ml in size and rules to make refill mechanisms ‘leak free’ will be introduced. Consumers will remain able to purchase tank devices and separate e-liquids.

TOTAL NONSENSE: In what way does a 2ml tank protect the consumer or reduce the risk of using an e-cigarette, where is the evidence that tanks larger than 2ml are a health risk.

Leak free: nothing is leak free and where is the evidence that nominal spillage of e-liquid is a high health risk - consider any household chemicals which are substantially more toxic than e-liquids.   

E-cigarettes do not fall under the definition of a tobacco product under the TPD. The UK’s implementing Regulations define “tobacco product” to mean a product that can be consumed and consists, even partly, of tobacco.


Following implementation of the new EU rules, there will remain a range of e-cigarette and e-liquid products on the UK market. In parallel, the prohibition on the sale of e-cigarettes to under-18s, will help ensure these products are positioned as alternatives to smoking and not a product that introduces children to vaping or smoking.

Department of Health

Click this link to view the response online:

Posted by Wayne Marler on 21 November, 2015 4 comments
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