Electronic Cigarettes

Electronic cigarettes will now be regulated and classed as medicines from 2016. E-cigarettes and other nicotine containing products (“NCPs”) will be regulated by the Medicines and Healthcare products Regulatory Agency (“MHRA”) as medicinal products.

RT Coopers specialises in regulatory law and we are well placed to advise and assist your company on all aspects of the regulation of electronic cigarettes, including advice and assistance in obtaining a marketing authorisation for your e-cigarette. We have been advising clients on the legal issues surrounding the regulation of electronic cigarettes and have been heavily involved in the MHRA’s consultation process, which began in 2010. As a result, we have substantial expertise to advise your company, whether you are in the supply chain as a distributor or manufacturer.

Electronic Cigarettes

Our lawyers will conduct an evaluation of your product to determine whether or not your product is classified as a medicine. If your product is classified as a medicine, we will advise you on how best to meet the safety and strict standards for quality that would be required. For any NCPs, we can advise and assist you in relation to the classification of your product as a dangerous substance. Our regulatory solicitors can guide you on advertising your e-cigarette and any claims you may make about your product.

We can also advise and assist your company on the labelling and packaging of your product and how to become compliant under the Chemicals (Hazard Information and Packaging for Supply Regulations) 2002 (“CHIP”) or the European Regulation on Classification Labelling and Packaging of Substances and Mixtures Regulations (“CLP”), including whether your preparation is classified as harmful, toxic or very toxic. You will have to meet the EN ISO 11683, BS EN 28317 and ISO 8317 standards and we can advise you in this regard.

Accessories

In terms of the accessories to e-cigarettes, such as power adaptors and chargers, our regulatory solicitors can advise you in relation to their compliance with the Electrical (Safety) Equipment Regulations 1994 and the Electromagnetic Compatibility Regulations 2006, as well as the requirements for CE Marking.

Our Services

Some examples of our services in relation to e-cigarettes and accessories include:

Electronic Cigarettes

Advice on all aspects of the Regulation of Electronic Cigarettes
Advice on CHIP Regulations
Advice on CLP Regulations
Advice on Ingredients and Additives
Advice on Safety Assessments
Advice on the Draft Tobacco Products Directive
Advice on the General Product Safety Legislation
Advice on the Sales of E-Cigarettes/NCPs over the Internet
Advice on and Assist in Obtaining a Marketing Authorisation for E-Cigarettes
Advice on and Assist in the Classification of NCPs as Dangerous Substances
Advice on and Assist in Labelling and Packaging of Products and how to become Compliant under CHP or CLP:
- Constituents
- Indications of Danger
- Label Claims
- Nominal Quantity
- Precautionary Statements
- Product Descriptions
- Warning Symbols and Warning Statements for Consumers
Assistance in Dealing with Local Trading Standards Authority
Chemical Classification
- Child Resistant Closures and Tactile Devices
- Packaging
- Pictograms for Consumers
- Safety Data Sheets
- Signal Words
Compliance with EN ISO 11683, BS EN 28317 and ISO 8317
Data Protection
Distance Selling Regulations (The Consumer Protection (Distance Selling) Regulations 2000)
Evaluation of Products to determine whether or not Classified as Medicines
Herbal Products for Smoking
Misleading Advertising - The Consumer Protection from Unfair Trading Regulations 2008
Notification to the Classification and Labelling Inventory
Preparation of Dossiers for Marketing Authorisations
Safety Requirements
Trade Mark Filing, Prosecution Enforcement and Protection

Accessories

Advice on Batteries on the market (The Batteries and Accumulators (Placing on the Market) Regulations 2008
CE Marking
Electrical Safety Equipment Regulations 1994
Electromagnetic Compatibility Regulations 2006
Plugs and Sockets (Plugs and Sockets etc. (safety) Regulations 1994)
The Waste Electronic and Electrical Equipment Regulations 2006 (WEEE)
Waste Batteries (The Waste Batteries and Accumulators Regulations 2009)
Waste and Waste Packaging Directive

Related Services

Testimonials

'RT Coopers Solicitors operate in the real world and deliver what they say they’ll deliver. A highly responsive, straight talking, client focused team who will pull out all the stops to deliver on-time results of the highest standard. Definitely a team you want along side you when the going gets tough. I think that says it all…' Janet Dean, Operations Director, Ice Healthcare Ltd

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