Legal requirements for electronic cig labels

 In May 2013 a position paper relating to the current application of chemical classification, labelling and packaging laws applied to electronic cigarettes was issued by the Health and Safety Executive.

The position paper states that as electronic cigarettes, pipes, cigars and their refills contain chemicals, they must therefore comply with certain laws before they can be sold or supplied to others.

An electronic cigarette, also known as an E-cigarette, is essentially an electronic inhaler that vaporises a liquid solution into an aerosol mist, this therefore simulates the act of tobacco smoking but reduces other harmful affects associated with the habitual act.

The liquid solution used in an electronic cigarette contains nicotine in variable amounts. The liquid solution supplied can either be sold in bottles known as E-juice/E-liquid or as pre-filled disposable cartridges ready for use.

Such liquids are currently controlled by the CHIP regulations last updated in 2009 which prescribes the packaging and labelling requirements for all dangerous substances and the process in which they are prepared. By 2015 CHIP regulations will be replaced by the new European legislation on classification, labelling and packaging of substances and mixtures. This will then be known as the CLP regulation.

Amongst these changes suppliers will need to be aware of the different ways of describing potential hazards found within their product. The labelling should see the use of the new CLP ‘pictograms’ instead of the old CHIP orange and black hazard warning symbol. The classification of the electronic cigarette should be carried out by a competent person who has access to the complete composition of the product and should be assessed on all available data.

A chemical substance is defined as a chemical element or its compounds; nicotine is therefore a chemical. As it is identified as a dangerous substance, all products containing mixtures of chemicals,which may include nicotine, are also labelled as ‘dangerously prepared’.

Therefore under the new European CLP regulation the following information must be incorporated into all E-cigarette labelling:

The name, address and telephone number any person in an EEA State (a state allowed to participate in the EU market) who is responsible for supplying the substance.

Identifying the reason for the ‘dangerous preparation’ classification (e.g. nicotine)

Any indication of danger together with corresponding symbols (CLP pictograms)

All relevant precautionary statements, set out in full e.g. danger if swallowed

Declaring if the product can be toxic if accidentally in contact with the skin

Keep out of reach of children

All labelling information currently found on electronic cigarettes is designed to provide basic guidance to both traders and consumers.

Please contact us for more information about our chemical labels range.