Is Your Vape TPD Compliant? Here's How To Find Out...

Is Your Vape TPD Compliant? Here's How To Find Out...

If you shop for vapes often, you’ll likely see the term ‘TPD compliant’.

As non-TPD (i.e. illegal) vapes can contain damaging substances, it’s well worth understanding what this term means, and how to ensure your vape is compliant.

So in this post, you’ll get a brief introduction to what TPD means, along with hints and tips to help you ensure that you are buying legal vapes.

Contents

What does TPD compliant mean?

When your vape is TPD compliant, it means that it conforms with rules set out by article 21 of the EU Tobacco Products Directive II.

Despite Brexit, the rules set out in the regulations still apply, and vapes have to be TPD compliant to be legal.

The impact of the TPD brings both benefits (such as mandatory testing of e-liquid and devices) and inconveniences (such as limits on bottle size and tanks) for vapers. We’ll cover these in more detail below.

At a glance

How do I know if my e-liquid is TPD compliant?
TPD-compliant e-liquid must:
  • Undergo emissions testing
  • Not contain certain ingredients which may cause harm when inhaled
  • Be in a bottle or pod no larger than 10ml
  • Come with a warning leaflet (which may be on the inside of the bottle’s label)
  • Have a nozzle at least 1 cm long, and emit no more than 20 drops a minute
  • Have an ECID (European Community Identification Number) and be registered on the MHRA website
  • Include a warning stating:

This product contains nicotine which is a highly addictive substance

Do note that TPD regulations do not apply to zero-nicotine products.

How do I know if my device, pod or tank is TPD compliant?

TPD-compliant devices, pods and tanks must:

  • Contain a maximum of 2ml e-liquid
  • Have an ECID and be registered on the MHRA website.
  • Come with a warning label stating that:

This product contains nicotine which is a highly addictive substance.

As many pods and tanks don’t contain nicotine until they get in your hands, Trading Standards advise having a second warning that states:

The following warning applies when the product is used with e-liquids containing nicotine.

The coil in compliant tanks and pods must also undergo emissions testing.

This will download an Excel file, although it’s not always easy to find the exact e-liquid or supplier you are looking for.

What about vape batteries and mods?

The TPD does not apply to vape batteries and mods when sold without a pod, tank or e-liquid.

In-depth

10ml limit on e-liquid
The maximum size for nicotine-containing e-liquid in a single bottle is 10ml.
It is still legal to buy a larger bottle of zero-nicotine e-liquid (known as shortfills) and mix it with nicotine shots. This is because the TPD only applies to e-liquid which contains nicotine. However, these rules may be tightened up when the Tobacco and Vapes Bill is passed.
2ml tank/pod capacity
Under the TPD, the maximum amount of e-liquid allowed in a single tank or pod device is 2ml.
Do note that some vapers, and even Trading Standards, believe this maximum also applies to puffs, claiming there is a maximum of 600 puffs per device. This is completely incorrect. The amount of puffs you can get from 2ml of e-liquid depends on many factors, including how long you puff for, the design of your device and how hard you inhale.
That said, disposable devices that have a single pod and claim to offer much more than 600 puffs are usually illegal. It’s impossible to get 1800 or 2400 puffs from 2ml of e-liquid, even if the puffs are very short and light.
What about big puff devices?

Big puff devices either combine multiple pods with one device, or add a refill container which is attached to a pod while the device is being used. This allows the user to vape more than 2ml of e-liquid before having to change the pods or refill container. 

They may not be in the spirit of the law, but they do seem to comply with the letter in law. 

2% or 20mg/ml limit on nicotine levels

The maximum amount of nicotine allowed in a 10ml bottle of e-liquid is 20mg, which equates to 2% nicotine. This is much lower than the equivalent allowed in cigarettes.

Ingredients

There are now controls over what ingredients can be added to e-liquid. For example, prior to the introduction of the TPD, there was concern over the use of diacetyl in e-liquid. Ingredients of concern like diacetyl are now banned from use in e-liquid.

Emissions testing

Before e-liquid or vape devices can be sold, they must undergo emissions testing. This involves using the device or e-liquid to produce vapour, and then testing that vapour for impurities like heavy metals or carbonyls.

This is one of the most positive elements of the TPD, as it can reassure vapers that legal vapes are much less harmful than tobacco cigarettes.

Some manufacturers go much further than the legal requirements, as demonstrated by the Vape Safety project.

Warnings and information

Both e-liquid and vape devices must contain warning labels and information.

E-liquid information includes:

  • A warning label and raised triangle
  • Nicotine strength
  • Bottle size
  • Safety information
  • Ingredients

The information is similar for disposable vapes. Here’s what a typical TPD-compliant disposable vape looks like:

Illustration of what a TPD-compliant disposable vape looks like

Does everyone comply with TPD regulations?

Unfortunately not.

When I’ve been touring competitors, I’ve seen, and even bought, non-compliant vapes. Trading Standards data confirms this, estimating that a third of vapes sold are non-compliant.

While authorities have seized illegal vapes, the amount is likely to be a fraction of that actually sold.

To avoid buying an illegal vape, it’s best to buy from reputable retailers and learn how to identify the signs of an illegal device.

After all, the sort of seller deliberately flouting the law and selling illegal tanks and e-liquids is also the sort of seller who probably doesn’t care most about quality, safety or your health.

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