The "Overlimit Gate" incident involving ELFBAR has seen the latest development. ELFBAR had remained silent on the matter and only stated that they would "withdraw" the implicated products following talks with the MHRA. However, today (February 23), ELFBAR has accepted an interview with the UK retail industry media outlet, The Grocer, and stated that they voluntarily withdrew the related products from the UK market and that this action was not due to safety concerns and should not be equated to a "recall".
ELFBAR stated, "We have not yet discussed or agreed to recall the product because no relevant breach of regulations has been found to pose a health risk to consumers. We believe that a recall is only necessary upon discovering any safety issues related to consumers.
Earlier this month, the ELFBAR 600 product was withdrawn from Sainsbury's, Asda, Tesco and Morrisons. This was due to it being discovered that it contained 50% more than the maximum legal limit of 2 milliliters of nicotine liquid.
Initially, ELFBAR sent a letter to the whistleblower, the Daily Mail, stating that the excessive nicotine content in their products was purely accidental and that products intended for other countries were mistakenly shipped to the UK. Two weeks ago, after crisis negotiations with the Medicines and Healthcare products Regulatory Agency (MHRA) and e-cigarette trade organizations, ElfBar voluntarily recalled a series of devices.
The MHRA has the power to enforce product recalls based on safety concerns, and in fact regularly conducts recalls of medicines. Recalls are classified into several categories, ranging from those related to products with defects that could potentially lead to death or disability, to recalls of products that are unlikely to cause harm but are not in compliance with marketing authorization or specifications. While the MHRA often issues recall alerts and recommendations through the UK National Health Service (NHS) and healthcare system, there have been no reported recalls related to e-cigarette products thus far.
ELFBAR stated, "All agreed actions with MHRA to ensure that such issues do not occur in our business in China are either in progress or have been completed.
After an investigation into the nicotine content of ELFBAR e-liquids by the Daily Mail, major supermarkets have taken action to remove some or all of ELFBAR disposable products from their shelves. However, according to 2FIRSTS, there are currently no e-cigarette retailers or wholesalers recalling or removing related products.
Conservative MP Adam Afriyie has questioned Health and Social Care Secretary Steve Barclay on the government's response to the recall of ELFBAR this month. Afriyie has called on Barclay to increase penalties for manufacturers of non-compliant e-cigarettes, but the government has responded that there are currently no plans to do so. Afriyie also asked Barclay whether he has discussed the issue of overfilled ELFBAR devices with the Trading Standards Bureau, and was informed by the government that it is working closely with relevant authorities on the matter.
ELFBAR also stated that the company is working hard to ensure that fully inspected products that comply with UK regulations are made available to the UK market as soon as possible.
2FIRSTS has sent interview invitations to MHRA and ELFBAR and will provide final coverage on the matter. Stay tuned for updates.
Reference:
ElfBar claims that the removal of their disposable vaping products is not due to safety concerns.
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