Initially accepted by the European Union Common Entry Gate (EUCEG) as a legitimate electronic cigarette product, its compliance data may still be insufficient, thus manufacturers need to check if all necessary documentation has been submitted.
Lee Bryan, Managing Director of Arcus Compliance Ltd, and a key advisor to the electronic cigarette industry and its major brands, has issued a warning.
Founded in 2017, Arcus Compliance aims to assist clients in implementing the best compliance practices. The company has developed a robust process to support clients in regulatory compliance and product management, while also providing continuous advice and education through online content.
The directors have over 25 years of collective experience in the electronic cigarette industry, having served some of the world's most renowned brands and worked closely with decision-makers, regulators, and law enforcement agencies. Arcus Compliance is a formal director of the UK Electronic Cigarette Industry Association and a member of the Standards and Membership Committee.
After the UK's departure from the EU, the MHRA established its own portal for the submission of information to regulate new electronic cigarette products. Previously, this process was handled through EUCEG.
Attention has now shifted to around 40,000 EUCEG submissions that can be traced back to 2016. These submissions only require a legally compliant statement to be signed, rather than a more thorough verification process.
Bryan stated that, "Only when one of the supervisory authorities opens the submitted materials and examines them in detail, will a problem be identified. There is no doubt that there are some products in the market that require attention.
We are now seeing more brands being asked to provide more information or being forced to exit the market.
Brian continued to say, "There is a lack of regulatory awareness in this industry, which is somewhat worrying. If a company is operating in this market and is unaware of what is in their products, they should exit.
Currently, there is no legal requirement or other incentivization for manufacturers to submit omitted information through the MHRA portal.
Bryan added, "However, if regulatory and law enforcement agencies do decide to use the new portal to review legacy data, we may see significant changes. They will eventually take notice, so you should review the information you submit in advance. Brand owners must ask themselves: do I want to remain in the market within the next five years?
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