Freedom of Information request on submitting e-cigarette applications for medicinal use (FOI 22/608)
Published 14 June 2022
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This publication is available at https://www.gov.uk/government/publications/freedom-of-information-responses-from-the-mhra-week-commencing-25-april-2022/freedom-of-information-request-on-submitting-e-cigarette-applications-for-medicinal-use-foi-22608
FOI 22/608
26th April 2022
Dear
Thank you for your email.
Concerning whether any companies have submitted applications to have their products branded for medicinal use based on the recent statement from MHRA, this information is exempt under S41/S43 of the FOI Act. Section 41 is an absolute exemption and no consideration of the public interest is required, except to state that we would consider the release of this information to be an actionable breach of confidence. Section 43 is a qualified exemption and a consideration of the public interest is required. We have considered the public interest and cannot see any public interest argument that outweighs the commercial harm in releasing information on applications that have been received. This information can be used by competitors for their commercial advantage. Examples of public interest arguments would be a major public health risk or a major procedural failure or irregularity.
If you have a query about the information provided, please reply to this email
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date you receive this response and addressed to: info@mhra.gov.uk
Please remember to quote the reference number above in any future communications.
If you were to remain dissatisfied with the outcome of the internal review, you would have the right to apply directly to the Information Commissioner for a decision. Please bear in mind that the Information Commissioner will not normally review our handling of your request unless you have first contacted us to conduct an internal review. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
MHRA Customer Experience Centre