IBVTA Statement on Non-Compliant E-Cigarette Products.

Mar.22.2023
IBVTA Statement on Non-Compliant E-Cigarette Products.
UK e-cigarette association IBVTA responds to BAT's non-compliant vape product incident, emphasizing the importance of regulatory compliance in the industry.

On March 21, the Independent British Vaping Trade Association (IBVTA) released a statement regarding the incident involving BAT UK's submission of disposable e-cigarettes for testing.


IBVTA stated in a declaration that it will not tolerate non-compliant electronic cigarette products, and all manufacturers in the industry must comply with regulations in the most stringent manner. Anyone who intentionally or unintentionally violates these regulations poses a real threat to both consumers and the industry.


The IBVTA states its aim is to ensure compliance in the market, but also expresses concern that the tobacco industry and its subsidiaries are using the non-compliance of these few products to establish the viewpoint that the independent e-cigarette industry is untrustworthy.


The IBVTA has stated that electronic cigarette products are considered to be less addictive than combustible cigarettes. However, BAT's decision to withdraw electronic cigarette products from the market in order to meet compliance targets may potentially lead individuals who use e-cigarettes to revert back to smoking combustible cigarettes, which is BAT's primary business.


The IBVTA believes that the media has failed to report on the details and engage in a balanced dialogue with retailers and wholesalers, instead portraying electronic cigarettes as a "negative news story.


Therefore, any statement made by BAT regarding reducing harm should now be questioned.


The IBVTA itself will not act as a law enforcement agency, but they will report any non-compliant issues in the industry to the relevant authorities.


The following is a translation of the original statement from IBVTA:


We believe that certain restrictions on e-cigarette products should be revised. Nonetheless, the notification process under the EU Tobacco and Related Products Regulations (TRPR) has established a solid framework in history for manufacturers and the wider industry to take action and ensure good governance of product standards.


Manufacturers have a vital responsibility to abide by regulations in the most stringent manner possible. Retailers must also ensure they only sell products that have been notified and assume the manufacturer has provided products that meet necessary regulatory requirements. While many distributors are now implementing their own due diligence checks, adding further layers of scrutiny, ensuring they strictly comply with regulations remains the primary responsibility of notifiers/manufacturers.


Anyone who intentionally or unintentionally violates these regulations must take swift action to bring their products back into compliance and follow the reporting process under the guidance of regulatory agencies.


Illegal products are flooding the UK market in the form of electronic liquids containing up to 20 milliliters, without providing safety or toxicity testing to the Medicines and Healthcare Products Regulatory Agency. This issue demands equal or greater attention, as it poses a genuine threat to consumers and the industry. Equally guilty are the retailers who choose to sell these products or claim ignorance about their source. As an industry, we must continue to provide support and resources to enable enforcement agencies to take action.


Unfortunately, we have recently learned that some manufacturers have issued notifications about their products but are allegedly violating or have been found to be in violation of these regulations. Some importers have relied on the promises of these manufacturers and have not carried out any further product due diligence. Even if the non-compliance issues are of a technical nature and do not directly involve any consumer safety risks, this will have a negative impact on the electronic cigarette industry.


Therefore, all parties involved must cooperate to ensure the implementation of discipline and multi-level due diligence. The independent e-cigarette industry has been working hard for more than a decade, establishing this market and steering e-cigarettes towards becoming the most popular, effective, and economical smoking cessation tool. Continuing to achieve success and confidence is crucial for this industry.


It has become evident that certain products, which should have been in compliance with regulations, have been found to contain technical non-compliances. This has had an impact on relevant parties. Some of these products have been entirely removed from the supply chain, or further supplies have been withdrawn until they meet compliance requirements. Brands that are aware of this situation are striving to provide fully compliant products to the UK market as quickly as possible. Our goal is to ensure that the market is in compliance as smoothly and swiftly as possible.


In recent weeks, the IBVTA (Independent British Vape Trade Association) has engaged in constructive cooperation with regulatory agencies, law enforcement agencies, and its members to foster dialogue and provide members with best practices advice from law enforcement agencies. We also encourage our members and their partners to regularly update completed corrective actions, as well as upcoming or future actions. We understand that these updates are being provided regularly.


Despite all of this, the IBVTA is increasingly concerned that the tobacco industry and its affiliates are using these few instances of noncompliance to build a narrative that the independent vaping industry is untrustworthy. Additionally, we are worried about the way this is being done; sometimes incorrect law enforcement terminology is used, risks of overfilling products are exaggerated, and the tasks of regulatory agencies, law enforcement agencies, and industry participants are being distorted.


While we acknowledge the findings of BAT's report and the impact it has had on promoting greater compliance, it's important to recognize that electronic cigarettes are known to reduce harmful effects by at least 95% compared to BAT's lethal core products. They are also believed to be less addictive than combustible cigarettes. The controversy surrounding them revolves around a non-compliant technical issue, meaning they may have a slightly longer lifespan. The issue is not about product safety or consumer confidence, as suggested by BAT. Specifically, it's important to consider any unintended consequences of BAT's actions and the potential for media coverage to undermine trust in electronic cigarettes among retailers and consumers, which could lead to a return to a product that causes tens of thousands of deaths each year.


Any statement made by BAT regarding their commitment to harm reduction must now be called into question. Their move to withdraw products to meet compliance targets may lead e-cigarette users to resume smoking. Regardless of the scale, BAT is directly calling for actions that may increase the dangers of smoking.


The media failed to report this detail and did not engage in balanced dialogue with retailers and wholesalers who have already taken steps to address these issues. This led them to too quickly portray electronic cigarettes as a "negative news story," in a coordinated manner.


As part of the executive group, IBVTA will always act according to our responsibilities and with the interests of our members and stakeholders in mind. However, we will never exceed our authority. As a trade association, one of our roles is to ensure our members understand their legal obligations and broader responsibilities, by providing guidance and other tools to help them meet these requirements, and ensuring our members are indeed meeting them.


We will not act as a law enforcement agency nor attempt to mimic their actions. Regardless of the source of information, we will communicate any non-compliant issues related to the field to the relevant authorities.


Reference:


The IBVTA has issued a statement in response to recent media reports regarding vape products that are allegedly overfilled. The statement aims to clarify the association's position on this matter and to provide reassurance to consumers.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick.com said it will continue its collaboration with zone for a second year at the April 19 NASCAR race in Kansas City, appearing on Richard Childress Racing’s No. 8 Chevrolet driven by Kyle Busch. The 2026 race-weekend campaign for verified adult nicotine consumers aged 21 and older includes the exclusive launch of zone Cranberry and a limited-edition five-flavor mix pack selected by Busch.
Apr.16 by 2FIRSTS.ai
New Movement Emerges on EU Tobacco Excise Directive as Cyprus Tables Compromise Draft
New Movement Emerges on EU Tobacco Excise Directive as Cyprus Tables Compromise Draft
The long-stalled debate over the European Union’s Tobacco Excise Directive may be moving forward, with Cyprus, as holder of the EU Council presidency, putting forward a compromise draft. The reported proposal includes lowering the minimum excise duty requirement and granting a transitional period, with the aim of reaching political agreement by June 2026. The revision also covers e-cigarettes, heated tobacco, nicotine pouches and stronger controls on raw tobacco.
Apr.21 by 2FIRSTS.ai
Philip Morris International Announces IQOS and Devialet Collaboration at Milan Design Week 2026
Philip Morris International Announces IQOS and Devialet Collaboration at Milan Design Week 2026
Philip Morris International announced on April 20 that IQOS has partnered with French acoustic engineering company Devialet to launch “Soundsorial Design” at Milan Design Week 2026. The collaboration includes an immersive exhibition and a limited-edition product set named “Soundsorial.” The exhibition will run from April 20 to April 27 at Opificio 31 in Milan.
Apr.22 by 2FIRSTS.ai
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
2Firsts supports new tobacco and nicotine companies entering the U.S. market with full-chain PMTA compliance services.
Jun.04
Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
The UK government plans to expand police and trading standards powers by extending closure orders for shops selling illegal vapes and cigarettes from a maximum of six months to 12 months, in a crackdown on organised crime on high streets.
Jun.12
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
2Firsts has noted that Geek Bar has added BURJ to its official product portfolio under the E-HOOKAH category. Public information shows that BURJ 80K is a hookah-style disposable vape featuring a 25ml e-liquid capacity, a 1500mAh battery, 0.4Ω dual coils and three operating modes: ECO, Regular and Pulse. According to publicly available product information, the device is rated for up to 80,000 puffs in ECO mode and uses a nicotine strength of 0.5% (5mg/ml).
Market
May.29