Policymakers regulation of electronic cigarettes 'must support decision taken by democratically elected MEPs'

On Tuesday 12 November,  policymakers from the European Parliament, Council, and Commission will discuss the regulation of electronic cigarettes in trilogue.  This will be the first time the regulation of electronic cigarettes will be formally discussed since MEPs from across the political spectrum voted overwhelmingly to reject proposals to regulate electronic cigarettes as a medicinal product.

Ahead of this discussion, Totally Wicked, an electronic cigarette manufacturer based in the UK and Germany, has called on policymakers to support the decision taken by MEPs.

On 8 October^, MEPs voted in favour of amendment 170 which proposes regulating electronic cigarettes broadly along the same lines as tobacco products.  As a result, MEPs have made clear that they want to see electronic cigarettes to continue to be as freely available as tobacco cigarettes.

This was an important vote as electronic cigarettes are not a medicinal product; they are a consumer product.  Put simply, they are an alternative to tobacco cigarettes.

While recognising the benefits of electronic cigarettes some policymakers still have three primary concerns:

 · Electronic cigarettes could be a gateway for children to smoking tobacco cigarettes;

· inappropriate advertising glamorizes smoking, and;

· some electronic cigarette manufactures make health claims about their products.

Whether these concerns are well founded or not, amendment 170 tackles all of these whilst also putting in place a very strict regulatory regime for the sale and manufacture of electronic cigarettes.

If the proposals contained within amendment 170 became law, the sale of electronic cigarettes to under 18s and the advertising of electronic cigarettes would both be banned.  Amendment 170 would also compel an electronic cigarette manufacturer making a medicinal claim about their product to have those products medicinally regulated.  If correctly enforced, this regulation set would mandate demanding compliance requirements on current manufacturers and distributors and addresses all primary concerns that have been advocated by those seeking medicinal regulation controls.

Totally Wicked has written to all policymakers, whether they supported the medicinal regulation of electronic cigarettes or not, calling on them to look again at amendment 170 and to ask themselves one simple question: What does amendment 170 fail to achieve that requires the stricter and damaging regime of medicinal regulation?

Totally Wicked Chief Executive Officer Fraser Cropper said: "Electronic cigarettes should be robustly and appropriately regulated that is why this vote in favour of amendment 170 was so important and why all policy makers whether in Brussels or in the member states should take the time to study this amendment in detail.  If correctly enforced, the proposals set out in amendment 170 would mandate demanding compliance requirements on current manufacturers and distributors and addresses all primary concerns that have been advocated by those seeking medicinal regulation controls.

"This amendment was a tough compromise that the electronic cigarette industry was willing to accept.  What we would not be able to accept would be any attempts to strengthen this amendment.  I hope that those policy makers involved in Tuesday’s discussions will support the decision of the democratically elected MEPs."

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