Squonk mods/bottles

[striker42]

We had a bit of a discussion on the subject of the legal side squonk mods being sold with 2ml plus bottles on the "show us your squonkers" thread. Rather than clutter that thread up, I thought it better to discuss the issue on a separate thread or if you feel it should be moved elsewhere on the forum Perpetua, please feel free to do so. Below is information gained after a meeting between IBVTA and MHRA. Bit of a long read, but there is some good news on the sale of squonk bottles.


Last week we wrote to you regarding the MHRA’s most recent newsletter update to notifiers of vape products. One point which the MHRA was offering their opinion on within that update was that of squonk mods.

The MHRA were seeking to provide clarification (not additions to the TRPR) tom submitters of notifications for squonker devices; that the TRPR limits the refill capacity of any e-cigarette, or essential element of an e-cigarette capable of containing nicotine, to 2ml.

The MHRA's position is that if the squonker bottle is removed and the manufacturer puts it on the UK market without the bottle, then it can be correctly notified (if required), is likely to be within compliance, and can be legally sold in the UK.

We said last week that we were of the opinion that although this is an option for manufacturers, it is something that we would raise when we meet with the MHRA to discuss this guidance note.

During our meeting with them, the MHRA have clarified that in all instances, they are willing to work in a collaborative manner with suppliers on their product notifications.

They have also clarified that should there be an issue with an inconsistency between a product notification and the product as it is offered for sale, the MHRA will seek to implement a time lined programme of corrective action that the supplier needs to take.

This corrective action might include the supplier correcting the product notification or the supplier giving the MHRA clear indications of how they are managing their supply chain so that only compliant, notified products get as far as retailers’ shelves. Or, in a case where a product needs to be removed from the market, that the supplier reimburses the retailer as the product is withdrawn from sale.

IBVTA’s advice to manufacturers, importers and distributors providing squonker devices is as follows:

Make sure that the product is correctly notified and remove squonker bottles from any packaged kits or mods (bottles not containing nicotine may be provided separately to the device). If you have concerns about a squonk device’s notification or presentation for sale, contact the MHRA to make sure they consider the product to be compliant and can be legally sold.

If you are a retailer, MHRA have indicated that as long as a product is correctly notified and is not sold with a bottle included, then they will not issue guidance on how bottles are sold outside of the device as this oversteps their remit.

Ultimately, the responsibility of interpreting the law resides with the courts. However, you can be assured that the IBVTA's position has, and will continue to be, to fight for vapers having access to as wide a choice of products as possible on the UK market.

If you have any questions, please don’t hesitate to contact us here at the Westminster office.

[Perpetua]

Jul 20, 2018 22:00:47 GMT striker42 said:

If you are a retailer, MHRA have indicated that as long as a product is correctly notified and is not sold with a bottle included, then they will not issue guidance on how bottles are sold outside of the device as this oversteps their remit.

Thank you for the tag striker42 . . . . I think your thread is ideal where it is, let's celebrate good news and common sense prevailing! 

[beedee]

Thanks for the info, striker42.

It is sheer lunacy that people will have to buy a bottle separately to effectively get around the regulations - shows how daft the regulations are...