UKVIA on Overfill Incident: Other Tests Conflicts with BAT's Results

Article by Parker Tang; edited by Ellesmere Zhu - On March 17th, UK media betterRetailing published a BAT (British American Tobacco) test report, stating that nearly all major disposable e-cigarette brands in the UK, including Elfbar, LOSTMARY, SMOK, SKE Crystal, and Solo, have overfilled e-liquids. BAT sent the test report to distributors, dealers, and regulators, urging them to ensure that non-compliant products are not supplied.

2FIRSTS conducted an email interview with John Dunne, the president of the UK Vaping Industry Association (UKVIA), regarding this incident. The following is the original interview text:

2FIRSTS: According to the media report of betterRetailing, BAT has tested the disposable e-cigarette oil in the UK market and sent the test results to the distributors and government departments, is the association aware of the news and did BAT send the test report to the association?

UKVIA: BAT has conducted a number of tests on popular brands of disposables in the UK. They have sent their findings to various agencies and have made the association aware too. I am also aware of other companies that have conducted similar testing and the results conflict with those of BAT.

2FIRSTS: Does the association think that the problem of excessive e-liquid is a common problem in the UK e-cigarette market? 

UKVIA: Yes, from the data that we have seen, we do believe that there are some brands that have been overfilling their devices to gain competitive advantage.

2FIRSTS: This test is related to the excessive standard of disposable e-cigarettes, is it expected that the UK disposable e-cigarette market will change because of this incident? 

UKVIA: Yes. I think this has highlighted issues in the approval process from the MHRA. I think this process will become more rigorous. I also think that the large accounts will now do their own testing on brands they are looking to stock. This type of behaviour will not be tolerated.

2FIRSTS: Some brand distributors said that some of the products tested by BAT are "old stock", while the latest products are already compliant. Will the association test the newest products? 

UKVIA: It is immaterial if the product was Old Stock or not. That is not a valid excuse. The message is simple, no matter whether the product is legally filled or not. I think all brands will be tested regularly to ensure they follow the rules. The association will not protect those who break the law.

2FIRSTS: Has BAT contacted the association in hoping that the association will take any measures?

UKVIA: Yes, I have had multiple discussions with BAT in relation to this matter. This issue is for MHRA and Trading Standards as the regulator and enforcement to decide. We will cooperate with both agencies to ensure that only legitimate products will be allowed to be sold in the UK. The association must and will protect the positive reputation.