IBVTA Statement on Non-Compliant E-Cigarette Products.

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.