Disharmony in the implementation of the EU
Tobacco Products Directive
Global Forum on Nicotine
Warsaw, June 2016
Barnaby Page
editorial director, ECigIntelligence
Who made the deadline?
Not transposed at 20th May 2016
Transposed by 20th May 2016
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Selling online
All distance sales banned
Domestic distance sales only
Distance sales permitted
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Taxing e-cigarettes
Greece €0.10/ml
Italy €0.385/ml
Portugal €0.60/ml
Romania €0.10/ml
Serbia €0.03/ml
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Treatment of
non-nicotine products
Treated identically to nicotine products
Some restrictions, but not all
No restrictions
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Is vaping smoking?
Vaping treated as smoking
Vaping treated differently
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Outdoor advertising
(billboards)
Banned
Permitted
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Point-of-sale
(in-store) advertising
Banned
Permitted
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Ingredients –
the European banned list
Global Forum on Nicotine
Warsaw, June 2016
Vitamins or other additives that create the impression that a product has a
health benefit or presents reduced health risks.
Caffeine or taurine or other additives and stimulant A1:B29 associated with
energy and vitality (e.g. tea or guaranine).
Additives that have colouring properties for emissions.
Additives that have been classified as carcinogenic, mutagenic or toxic for
reproduction (CMR) properties in unburnt form (guidance on CMR substances
can be found in Regulation (CE) 1272/2008).
Except for nicotine, ingredients used in e-liquid should not pose a risk to human
health in heated or unheated form.
Ingredients should be excluded from use if they are:
- Non-threshold carcinogens.
- Reproductive and developmental toxicants.
- Mutagens.
- Genotoxicants.
- Respiratory sensitizers.
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Ingredients –
the German banned list
Global Forum on Nicotine
Warsaw, June 2016
Vitamins or other additives that imply health benefits or lower health risks. These include: processed ingredients, extracts
and oils from the following plants: Frankincense, Damiana, Catmints, Passion flower, Lavender, Lemon balm, Rose of
Sharon, Valerian, Dream herb, Oregano, Thyme, Coriander, Chamomile, Sage, Peppermint, Fennel, Balm, Woodruff,
Cardamom. Amino acids and their modifications listed in article 7 paragraph 1, Number 1 of Appendix 2, Category 3 of
the dietary regulation (Diätverordnung). As well as S-adenosylmethionine and L-5-Hydroxytryptophan). Carnitine, this
includes: L-carnitine, L-carnitine hydrochloride, L-carnitine-L-tartrate, Flavonoids and antioxidant effect phospholipids.
Fruit extracts and other liquid vegetable products with high vitamin content. These include: Sea buckthorn, Rosehip,
Wheatgerm oil, Melatonin, Sodium Selenite. Caffeine, taurine or other additives and stimulating mixtures associated with
energy and vitality. These include: Glucose, fructose and galactose. Components, including processed ingredients,
extracts and oils of the coffee plant and coffee beans. Ingredients, including processed ingredients, extracts and oils of
the Mate bush. Maltodextrin. Ingredients, including processed ingredients, extracts and oils of the tea plant Camellia
sinensis. Ingredients, including processed ingredients, extracts and oils of Guarana. Thujone. Additives that have
colouring properties for emissions. The following additives making inhaling or nicotine intake easier: p-menthane-3
substituted and modified bonds including: p-menthane-3-carboxamides and p-menthane-3-N-alkylcarboxamides; pmethane-3-ester; p-menthane-3-ether; p-methane-3-carbonic acids and their esters; menthone 1.2-glycerol ketal (CAS
No. 63187-91-7); p-menthane-alcohols and their esters. The following bonds: 3,4-dihydro-3-(2-hydroxyphenyl)-6-(3nitrophenyl)-(1H)-pyrimidine2-on (CAS No. 36945-98-9); 2-isopropyl-N 2,3-trimethylbutyramide (CAS No. 51115-67-4);
isopulegol/ (CAS No. 7786-67-6 or 89-79-2); 1-(di-sec-butyl-phoshinoyl)-heptane. The following flavouring substances:
menthol (CAS No. 1490-04-6); (-)-menthol (CAS No. 2216-51-5); (+)-menthol (CAS No. 15356-60-2); menthone (CAS
No. 89-80-5); (-)-menthone (CAS No. 14073-97-3); (+)-menthone (CAS No. 3391-87-5); L-carvone (CAS No. 6485-40-1);
geraniol (CAS No. 106-24-1); linalool (CAS No. 78-70-6); 1,8-cineole (eucalyptol) (CAS No. 470-82-6); hydroxycitronellal
(CAS No. 107-75-5). The following substances extracted from plants: oils and constituents found in plants of the mentha,
eucalyptus, ocimum, thymus and salvia species. Additives that have CMR (carcinogenic, mutagenic or toxic for
reproduction) properties in unburned form. Substances listed in Part 3 of Annex VI of Regulation (EC) no. 1272/2008 of
the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures. The
following substances: Birch tar (CAS no. 8001-88-5 and CAS no. 85940-29-0), Juniper tarCAS no. 8013-10-03), bark, oil,
wood, leaves from the Sassafras albidium, Methyleugenol (CAS no. 93-15-2), estragole (CAS no. 140-67-0), Parahydroxybenzoicacidpropylester (CAS: 94-13-3). Ingredients, with the exception of nicotine, that pose a risk to human
health in heated or non-heated form. The following flavouring substances: Diacetyl (2, 3-butanedione) (CAS no. 431-038), 2,3-pentanedione (CAS no. 600-14-6), 2,3-Hexandione (CAS no. 3848-24-6), 2,3-heptanedione (CAS no. 96-04-8),
Coumarin. The following substances derived from plants: Bitter almond oil, Processed ingredients and extracts of
Polypodium vulgare, Processed ingredients, extracts and oils from the Mentha pulegium(pennyroyal) plant, Agaric acid.
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Consumer products at last
Global Forum on Nicotine
Warsaw, June 2016
Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page
Thank you,
and have fun
complying
Global Forum on Nicotine
Warsaw, June 2016
www.ECigIntelligence.com
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Disharmony in the implementation of the
EU Tobacco Products Directive
Barnaby Page