Deschain/Glennn....:
It doesn't seem to be set in stone yet, but as I understand it, there are two options
1: Ban the sales of this stuff within the UK
2: As above, but also ban the import of this stuff as well.
The UK position is still to be decided.
The UK MHRA want to regulate all Nicotine containing products (except Tobacco) as Medicines.
The consultation is here -->
MLXs: Medicines consultation letters : MHRA Documnet MLX 364.
Here are the options
Options
18. In order to ensure there is no risk to public health from unlicensed products on the market that have not been assessed for safety, quality and efficacy and in the light of the developing extent of their use and familiarity we are consulting to elicit views on whether and how to bring all products containing nicotine into regulation.
Option 1 – Whether products containing nicotine should be considered by the Agency to be medicinal products by function and, if so, whether all unlicensed NCPs should be removed from the market within 21 days. Currently, MHRA operates a strict practice regarding the period of notice operators are allowed to comply with under the Marketing Authorisation Regulations following the classification of a product as medicinal. Given that these Regulations do not make explicit provisions for a staged withdrawal from the market of an unlicensed medicinal product, immediate cessation of the sale or supply is usually required by the Agency, with written confirmation of the same within 21 days.
Option 2 – Whether products containing nicotine should be considered by the Agency to be medicinal products by function and, if so, whether a notice should be issued to manufacturers that all marketing must cease by a certain date e.g. June 2011. After this date enforcement action would be taken against manufacturers not holding an MA for any such product on the market. This would effectively allow manufacturers a year from the end of public consultation to produce relevant evidence to support an application for an MA, submit it to the MHRA for approval and get the newly licensed products on to the market.
Option 3 – Do nothing and allow these unregulated products containing nicotine that have not been assessed for safety, quality and efficacy to remain on the market.
19. The MHRA’s preferred option is option 1, which is in line with current practice.
The Consultation ends May 4th.
If option 1 is adopted then e-cigs will either have to have a license or be removed from sale. Since no e-cig products have a Medical Marketting Authorization (MA) and no chance (AFIK) of getting one within 21 days, this effectively bans ejuices and nic catridges from sale. Again (AFIK) hardware is not affected.
To get an MA all parts of the supply chain would need to be licensed from manufacturer to retailer.
If you read the consultation, part of the consideration is a ban for overseas products. This is to prevent personal imports of unlicensed products.
There is no definitive answer to your question until after the results of the 'consultation'.
Option 3 is misleading. Ejuice is regluated, a number of consumer laws and regulations already apply (for packaging, nicotine content etc). It is only unregulated as a medicine.
The best thing is to make your views known to the MHRA.
hth
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