The Advocate General’s opinion that was delivered on the 23rd of December wasn’t what we’d hoped for.
She believes that the TPD is just fine thank you very much, that none of our points are valid and that is the advice she will pass on to the Judges. Whether they agree with her or not we will find out in a few months, but in true TW spirit, we are going to be forward thinking and positive. Meanwhile we can tell you briefly about the Government’s response to the TPD consultation they put out, where they have some room for manoeuvre.
Briefly, there will be a transition period for products not compliant with the TPD.
Nicotine free e-liquids will not be captured by the TPD, Internet sales will not be banned, though those selling into the UK will need to register, and there will be two definitions when referring to e-cigarettes – e-cigarettes and refill containers.
On the same day of the Government’s consultation response, the MHRA put out their consultation, this one being about the fees they will charge for implementing the TPD.
The MHRA is the UK Competent Authority for the TPD, and throughout their document they are keen to express their desire to keep the fees as low as possible.
At the moment the fees look like they could be £220 for a new product, then £60 per year after that, with a modification fee of £110. The MHRA are estimating that the notification fees will cost the entire industry £1million.
Meanwhile work is going on to sort out the more important details of testing that have yet to be decided, and of course the notification fees from the MHRA are simply for having a product on the market, they have nothing to do with the costs of further testing required in the TPD.
Want more Vaped? Check out our Article on ‘More Pressure Being Applied by Lords, MPs and MEPs Regarding the Tobacco Products Directive (TPD)’