MHRA, DHSC, ASA & More: A Guide to Vaping Authorities
The UK has an extensive process in place to ensure that all vaping products reaching shelves, both physically and online, meet high safety standards and follow necessary procedures. This process is conducted by various bodies and departments, working in and with the UK Government. In this blog, we will explain what these bodies and departments are, what each party does and overall, how this ensures that legal vaping products are held within safety standards.
What is the MHRA?
The Medicines and Healthcare products Regulatory Agency (MHRA) is an executive agency, led by the UK Government, which regulates medicines, medical devices and blood components in the UK. It is the authority for the UK's notification scheme for nicotine-containing vaping products. It works with other regulatory bodies and has implemented numerous provisions under Part 6 of the Tobacco and Related Products Regulations 2016 (TRPR). Such regulations introduced by the TRPR include:
- Minimum standards for the safety and quality of all e-cigarettes and e-liquids
- Ensuring information is provided to the consumer so that they can make informed choices
- Creating an environment in which children are protected from exposure to and use of vape products
This also covers restrictions such as the 2ml pod capacity limit, 10ml container limit and 20mg/ml nicotine strength limit, among others.
What is the DHSC?
The Department of Health & Social Care (DHSC) is a ministerial department in the UK Government, tasked to lead the UK's health and social care services. It aims to help people live independent, healthier lives for longer. It shapes policies and frameworks for health and social care issues, ensuring best interest towards public health.
What is the ASA?
The ASA (Advertising Standards Agency) oversees how vaping is promoted and advertised. It enforces rules over where advertisements can and cannot be shown - in the instance of electronic cigarettes, the ASA is quite strict. In line with e-cigarette advertisements, the ASA General page highlights five key rules:
- Ensure ads are socialy responsible
- Don't target, feature or appeal to children
- Don't confuse e-cigarettes with tobacco products
- Don't make medicinal claims and take care with health claims
- Ensure you don't mislead about product ingredients or where they may be used
What is Trading Standards?
National Trading Standards works closely with the Chartered Trading Standards Institute and local trading standards services to ensure anything sold within the UK is:
- True as to how it was described, safe and bought without duress or pressure.
They can also be informed if:
- A business scams you
- A business adds extra costs that weren't made known (such as hidden booking fees),
- Sold products to someone who looks underage without presentation of ID (such as fireworks, alcohol),
- If work wasn't carried out properly by a business (such as a kitchen fitting.
How Does The MHRA Make Vaping Safer?
Any products containing nicotine, including e-cigarettes, must be reported to the MHRA before they are supplied to the UK market. The MHRA works with regional and national UK enforcement agencies and trade bodies to help identify and remove any illicit products from the UK market. Working alongside in every step enables them to track from start to finish, ensuring regulatory compliance throughout the process of production, all the way to reaching the UK market.
The MHRA's full procedure with e-cigarettes can be found here.
How Does The DHSC Make Vaping Safer?
Recent legislation such as the Tobacco and Vapes Bill was set by the DHSC - which proven to be a driving force behind the disposable vape ban. They prioritise keeping non-vapers free from vaping, whilst acknowledging vaping as a way of helping adult smokers quit their habit. One of their biggest and most widely known strategies currently, is the move towards a smoke-free generation in the UK, by preventing all sale of tobacco to anyone born on or after January 1 2009, even if they're of legal smoking age.
How Does The ASA Make Vaping Safer?
The ASA ensures that the consumer is receiving a real, safe product. Products in line with ASA rules must be clearly marked as what they are, with ingredients and health warnings made abundantly clear. Advertising of vape kits must not target children and young people, in the context of ads, or in any form of placement.
How Does Trading Standards Make Vaping Safer?
Trading Standards ensure products entering the UK are safe and compliant, with an emphasis on tackling the importation of illicit vapes. Trading Standards' efforts result in the seizure of illegal items, as well as fines, convictions and compensation towards victims. This ensures that legally compliant companies aren't undercut by bad actors.
