New smoking products in the UK

[SmokeyJoe]

As the law stands in the UK, no new tobacco products can be introduced into the market. The only products containing nicotine that are allowed are those classed and licensed as medicinal products.

Unfortunately, this leads to the ironic situation where the most dangerous nictotine products available are the least regulated, and the safest ones the most regulated. Medicinal regulation, while essential to protect the public at large, is a hugely time-consuming enterprise; from invention to licensing, a new medical product can take many years in development.

At the moment, the only way e-cigarettes could make it to the UK market for general sale would be via the medical licensing route.
it is highly doubtful they could be sold as a smoking alternative, since this would probably fall outside the remit of a medical device. More likely, it would have to be sold as NRT, in the same way as current NRT products.

At the moment, there are a few UK based e-cigarette sellers, and it remains to be seen whether the authorities decide to prosecute.

If you are interested in these issues, I highly recommend you read the report into tackling nicotine addiction by the Tobacco Advisory Group of the Royal College of Physicians (UK): Harm reduction in nicotine addiction - Helping people who can't quit

[elixir]

After introducing the electronic cigarette to my web site http://www.elixirshop.com a couple of months ago I have heard nothing but praise from customers telling me how this product has helped them cut down or quit smoking. It warms the heart to think you are selling something that is doing people good.

Then this morning in my mail I receive a letter and a rather large publication from the MHRA (Medicine and Health product Regulatory Agency) stating they had received a complaint (anonymous of course) about the electronic cigarette.

They now require samples, advertising literature and a whole kit caboodle of stuff to consider the case.

In my opinion I am selling no more than an electronic nicotine inhaler, note you can sell nicotine inhaler legally in shops.

Am I the first, could this be the beginning of the end for the electronic cigarette in the UK?

[SmokeyJoe]

Oh dear,

You are certainly the first I have heard of in the UK, but I've been expecting this for some time.

Unfortunately it is not classed as a nicotine inhaler but as a separate product entirely. This is due to the unique method of delivery - ie, the atomization process.

You see inhalers are legal because they are sold under a medicines license.

Because the product contains nicotine it must be sold under the laws that govern either medicines or tobacco. Unfortunately the e-cig currently is not a medically approved device, and it can't be sold under on a tobacco license because it is a new product, and (EU) tobacco laws prohibit any new products being introduced to the market. Take Swedish Snus as a prime example.

The only hope at the moment is to see what the results of the Auckland trials are and see what the medicines agency makes of them.

Don't hold your breath though, the tobacco and medicines industries are gonna throw plenty of obstacles in the way, I'll bet you the anonymous tip-off was the first move from one of them.

Good luck friend, and let us know what happens next will you?


SJ

[LVD]

I have written my MP Paul Burstow a while agoo about E-cigaretttes, and got a reply last month (21th Feb):

"I was very concerned about the point you raised. I have written to Alan Johson, Secretary of State for Health, enclosing a copy of your letter and asking for his immediate attention and comments"

The matter will be under discussion in parliament, to descide the UK view in regard of the European top, in wich E-smoking should be on the agenda. So do not panic yet, they just want to investigate before they descide.

So Elixir, this was NOT a complaint about you at all, but a plea to leave the sale of E-cigarettes free. Please provide them with all the info and samples they ask for. I think the better informed they are, the more chances we have. If you look at the newspaper article about the Belgian ban in the newspapers today, it is clear this ban was introduced by total and complete ignorance of the Belgian autorities of what this product actually is. At least the Secretary of State for Health in the UK knows about the arguments PRO E-smoking, which I compiled from the Dutch forum (many thanks to all my new Dutch E-smoking friends over there). My sincere appologies for the trouble this caused, but I'm fighting for you the reseller as well me the user.

I'm very much under the impression that Paul Burstow MP, valued the pro E-smoking arguments I've given and is on our side, and he's not regarded as a lightweight regarding health issues in the House of Commons. There is still hope, it will be a European descission. Belgium and Austria already made it clear they want to ban it, the Netherlands as well, but the reaction of E-smokers is getting organised, so this still could change, but the big tree in Europe: Germany, France and the UK still have to descide (not to speak of all the rest).

The tobacco industry as well the pharma industry know politicians all over Europe are in the process of decission making; so the storm of negative publicity we have withnessed today in Dutch and Belgian newspapers is not a coincidence. E-smoking is already well spread in Belgium and the Netherlands, so it is expected those countries will take the lead in the European discussion, and the rest of Europe will blindy follow that lead out of total ignorance. That is the reason why I contacted my MP. It is imperative this is put onto the political agenda in the UK (as in every other EU country, but I can't do it all). A PM or Secretary of Health who doesn't even know E-smoking exists, will follow the lead of Belgium (=total ban). We are making progress in informing the decission makers. I see the story of Elixir as positive news.

I will recontact my MP referring to the Kiwi study and keep you posted on any progress

[elixir]

Thanks for your support.
I’m now pleased to tell you the MHRA have now, after a few modifications, given me the all clear to continue selling electronic cigarettes.
A few days after the MHRA letter arrived trading standards also turned up. Again after some more modification they have given me the ok too.
It seems everybody selling or importing electronic cigarettes in the UK will need to go through this process to sell them legally here.

[SmokeyJoe]

Fantastic news, Elixir, and I wish you all the best. You've certainly done us e-smokers a big favor getting the e-cig on the first rung of the legal ladder!

Take care,

SJ

[bogee]

Does it mean as long as we get permission from MHRA and trading standard service we are ready to sell? does anybody know what does e-cigarette fall into when importing.

[bogee]

Does it mean as long as we have permission from MHRA we are ready to sell? Does anybody know which product category e-cigarette falls onto when applying for importing, is it food supplement?

[Spider]

Whoooo hoooo! Nice work!

[Lady Python]

Phew! After reading that I've just breathed a HUGE sigh of relief.

I should imagine though, that the big pharmas are going to be fuming (pardon the pun) that they've missed out BIG TIME on the e-cigs.

Given that recently there have been several studies done, the results of which are now in the public domain (i.e. media) that nicotine has BENEFICIAL effects, although addictive, the BMA, ASH, CRUK et al cannot use the excuse of Second Hand Smoke or "smoking causes cancer" argument.

However, I have no doubt they will eventually get very stroppy about it and jump on the least little thing to have e-cigs banned so that they can continue to peddle their dubious NRT replacement rubbish. Quite frankly, the big pharmas should be prosecuted for misleading the public, on three counts:

One, their claims that smoking tobacco products is detrimental to health is based on junk science and out and out lies. What came out fairly recently was the late Professor Doll, the scientist/doctor who "discovered" the "link" between tobacco smoking, particularly cigarettes and cancer was in the pockets of the big pharaceuticals and heavy industry at the time, much of the pollution caused by industry was the cause of many cancers but that wouldn't do because industry would have had to pay out too much money to rectify this. He was paid handsomely to "find" cigarette smoking the "cause" of cancer. This is well documented and was released for public view under the 30 year rule. If, as they would have people believe, everyone who smokes will die younger, then as someone writing a comment into one of the papers recently pointed out, there are an awful lot of people in their 80's, 90's and above who are smokers are all about to suddenly pop their clogs!

Two, big pharma want people to buy their overpriced and useless products. I have never bought (nor wanted to) any of their products, but I do know that on every single pack of NRT chewing gum, inhalers, patches etc. the words "Willpower Needed" is printed on every pack.

Three, the big pharmas don't tell you that their products are equally, if not more so, addictive than smoking itself is. One firm I worked for about 3 years ago introduced a smoking ban in our office because out of about 20 staff, one person complained about the smoke in the office. One of my colleagues knew she couldn't get through a 12 hour shift without smoking at her desk (we were allowed smoke breaks) so started using nicotine patches and nicotine chewing gum. Within a couple of months she was completely hooked on both cigarettes and NRT replacement stuff, so big pharmas products, if e-cigs were banned on "health" grounds, would also have to have their products banned too.

I'm sure big pharma will be spitting nails over this, but then again, e-cigs were made in conjunction with the Chinese Health Authority and WHO (as far as I am aware but will stand corrected if I'm wrong on that). It would be very difficult for the medical profession to argue with itself!

As for big pharma, with the article that was front page headlines in yesterday's Daily Express, I'd be very worried about the forthcoming compensation claims regarding cholesterol lowering drugs. Anyone wants the link to that let me know and I'll post it later.