Electronic Cigarettes : Regulation by MHRA

[david@naughtyvend]

I think everyone in cigarette vending is looking for a solution with fingers crossed, some are selling these e-cigs from not only the traditional machines but also washroom and free standing machines with reasonable sales reported with profits. "Happy Days" you say but is the product legal to sell..?

In performing diligence on this very subject I found not only a massive amount of information about harmful Chinese imports but also that the MHRA (Medicines and Healthcare products Regulatory Agency) consider any product of this type, including electronic cigarettes, which makes a claim to aid dependency upon nicotine be considered medicinal and therefore require a Marketing Authority (MA) and have already carried out a consultation in 2010 on this very subject.

http://www.mhra.gov.uk/Publications/Con ... /CON065617" onclick="window.open(this.href);return false;

It's a massive read all in but generally what I see is that anything on the market making a claim can't be sold, anything sneaking between the regulations not making a claim will probably be removed from sale by 2013 when the MHRA finish their investigations and that the majority of those asked for an opinion think the product should be regulated. With exception of the importers and distributors as you'd expect...

Have a read of this PDF >> http://www.mhra.gov.uk/home/groups/es-p ... 111572.pdf" onclick="window.open(this.href);return false; << and see what you think. There's a big opportunity to join and lobby for the vending industry here and opinion does matter.

[Rossi fan]

Good post David- it will hopefully help people decide, but I would await the flack from others who feel they are doing the right thing.

Thanks,

Paul

[david@naughtyvend]

Good post David- it will hopefully help people decide, but I would await the flack from others who feel they are doing the right thing.

Thanks,

Paul

It may come Paul which is why I've been careful not to imply anyone may be doing anything incorrectly, the MHRA will most likely tolerate and educate until legislation is passed sometime in the future with enforcement to follow thereafter.

Having spoken to a brand owner this afternoon they tell me it is their intention to apply for a marketing authority once the position is made clear, in the interim building up information to support the application and of course the money to fund the application - it's an expensive and long winded process gaining a marketing authority. Fortunately nicotine has established efficacy and known effects so it should be just a matter of process once that fee is paid.

What we as vending operators (etc) don't want to do is invest in this as a product only to see it withdrawn from sale in eighteen months, we need to know facts not housewives tattle in relation to this. Would you agree? Personally I think it is a good product caveat to consumers wishing to use it, as a non-smoker I've not much experience in the social lifestyles of a smoker since "the ban" but those I do speak to generally suggest they would still go outdoors for a smoke, regardless of the weather.

So this becomes a double pronged question; if it currently / subsequently is regulated would the general public want to use an e-cig? Dunno...

[david@naughtyvend]

We've decided to trial a product in 63x63mm square cartons, until the position is made clearer there is no issue upon selling in our opinion unless claims are made that the product is a NRT upon the pack / literature. If anyone else wants to give it a go the products are up on our site...

"....or from other good retailers." in a deep American voice.