Guidance

Chapter 2 - product type guidance - GB

Updated 16 August 2024

Applies to England, Scotland and Wales

• Publication for Northern Ireland

Part 6 of the Tobacco and Related Products Regulations 2016 (TRPR) places an obligation on the manufacturers and importers of electronic cigarettes to submit a notification to the competent authority of such products they intend to market.

Requirements

Regulation 31 requires the manufacturer or importer of an electronic cigarette or refill container to submit a notification for all products intended to be placed on the market.

Information to report

For the response to the field ‘Product type’, consider the following response options. Note that the fields to be completed will vary depending on the product type selected.

Product type

1. Electronic cigarette – disposable.
2. Electronic cigarette – rechargeable, placed on the market with one type of e-liquid (fixed combination). Any rechargeable which can also be used as a refillable should be reported under the refillable category.
3. Electronic cigarette – rechargeable, device only. Any rechargeable which can also be used as a refillable should be reported under the refillable category.
4. Electronic cigarette – refillable, placed on the market with one type of e-liquid (fixed combination).
5. Electronic cigarette – refillable, device only.
6. Kit – pack containing more than one different e-cigarette device and/or more than one different refill container/cartridge.
7. Refill container/cartridge containing e-liquid.
8. Individual part of electronic cigarette capable of containing e-liquid.
9. Other.

Explanatory note

General considerations

The TRPR only apply to:

• electronic cigarettes that contain nicotine or can be used with a nicotine-containing liquid
• refill containers that contain a nicotine-containing liquid

The TRPR is therefore not applicable to disposable electronic cigarettes that contain nicotine-free liquid or to cartridges that contain nicotine-free liquid. Furthermore, an electronic cigarette can only be brought on the market in the form of a:

• disposable electronic cigarette
• rechargeable electronic cigarette to be recharged with single use cartridges, or
• refillable electronic cigarette to be refilled by means of a refill container and possessing a tank

Because cartridges may only be suitable for single use, they cannot be refillable.

The TRPR is therefore not applicable to disposable electronic cigarettes that contain nicotine-free liquid or to cartridges that contain nicotine-free liquid. Furthermore, an electronic cigarette can only be brought on the market in the form of a (i) disposable electronic cigarette, (ii) rechargeable electronic cigarette to be recharged with single use cartridges, or (iii) refillable electronic cigarette to be refilled by means of a refill container and possessing a tank. Because cartridges may only be suitable for single use, they cannot be refillable.

Although refillable electronic cigarette devices are generally placed on the market without liquid, the device falls within the scope of the TRPR since it can be used with liquid containing nicotine.

Individual parts of the electronic cigarette sold separately also fall within the scope of the TRPR. These only need to be notified if these are essential elements of the electronic cigarette and capable of containing nicotine. This would include the tank, atomiser or cartridge but would exclude other components such as replacement batteries or mouthpieces. More generic parts such as washers, O-rings and screws, which are necessary for the functioning of the device but are not characteristic elements of electronic cigarettes, could also be deemed to fall outside the scope of the reporting obligations foreseen under the TRPR.

In order to determine whether an e-cigarette can be placed on the market, the manufacturer/importer should carefully verify whether it is capable of falling under the relevant definitions provided for in the regulations, and of complying with all of the quality and safety provisions.

When notifying products, you should select the appropriate product type from the list above. If products are not capable of meeting the criteria set out in the regulations, they cannot be deemed to be compliant.

Specific notes

1. Electronic cigarette – disposable

This category applies to electronic cigarette products intended for single use only.

2. Electronic cigarette – rechargeable, placed on the market with one type of e-liquid (fixed combination).

This category applies to rechargeable electronic cigarette devices that are placed on the market as a single unit together with one single-use cartridge containing one type of e-liquid. The device may subsequently be recharged with cartridges of the same type or other types, purchased separately.

Where a product consists of two notified products, for example a rechargeable e-cigarette sold with a single use cartridge where the empty e-cigarette product and the cartridge have both been notified, then if there has been no rebranding the composite product does not need to be notified. It will only be accepted that rebranding has not occurred where the brand names of the individual component products are clear so that retailers and consumers can access the published notification information if they choose to do so.

In addition, we consider that any rechargeable product which is also capable of being used as a refillable should be reported under the refillable category.

4. Electronic cigarette – refillable, placed on the market with one type of e-liquid (fixed combination).

This category applies to refillable electronic cigarette devices that are placed on the market with one specific type of refill container containing one type of e-liquid. The device may subsequently be refilled from a refill container, purchased separately.

6. Kit – pack containing two or more products including different e-cigarette devices and/or different refill containers/cartridges.

Where a kit consists of two or more notified products, for example a rechargeable e-cigarette sold with a selection of flavour or strength cartridges where the empty e-cigarette product and each cartridge refill container have all been individually notified, then if there has been no rebranding the kit does not need to be notified. It will only be accepted that rebranding has not occurred where the brand names of the individual component products are clear so that retailers and consumers can access the published notification information if they choose to do so. This is only possible where each individual component has been notified.

8. Individual part of electronic cigarette capable of containing e-liquid.

This category applies to characteristic parts of electronic cigarettes as described in the general considerations section. In your notifications, you should provide the name and a clear description of the product/part if you select this product type.

9. Other

This category applies to electronic cigarettes and refill containers falling outside the listed categories. In their notifications, submitters should provide the name and a clear description of the product/part if this ‘product type’ is selected.

Note on reporting sales data:

Where you have not submitted separate notifications for kits or composite products where the components have been submitted individually, you must also submit sales data for the combination. You can do this, for example, by including in the sales data for one of the components a statement that ‘this product is also sold in combination with X product in a combination pack, and sales volume for this composite product are XXX