What is TPD and How are Big Puffs Circumventing it?

With these new laws soon to come into effect, Big Puff Vapes have skyrocketed in popularity. They have a much higher puff count than their smaller cousins, as well as larger e-liquid tank capacities so they last much longer.

While some are still a one-and-done affair, many devices are rechargeable and have the ability to have their pods switched out for pre-filled ones, meaning their longevity is extended even further.

They also provide a hassle-free approach to vaping. Everything is self-contained, meaning there’s no messy refills or complicated coil changes to worry about, as well as a simple draw-activated mechanism so vapers can use them straight out of the box.

All these features, as well as being relatively cheap, means that Big Puff Vapes are quickly becoming the go-to “disposable” devices for many vapers in the UK. With all the fan favourite flavours of regular disposables, their no-hassle design makes them ideal for new and old vapers alike, as well as those constantly on the move.

TPD stands for Tobacco Product Directive. It’s a set of regulations that aim to improve the tobacco market and protect consumers.

They enforce the standard and quality of vaping devices and e-liquids, as well as banning the sale of menthol cigarettes and flavoured tobacco.

The requirements e-cigarette products must meet in order to pass TPD tests are as followed:

• E-cigarette tanks must be restricted to a capacity of no more than 2ml.

• The maximum volume of nicotine-containing e-liquid for sale in one refill container must be no more than 10ml.

• E-liquids must have nicotine strength of no more than 20mg/ml

• Nicotine-containing products or their packaging are required to be child-resistant and tamper evident.

• Vape products must not contain certain ingredients including colourings, caffeine and taurine.

• They must include new labelling requirements and warnings.

• All e-cigarettes and e-liquids are required to be notified and published by the MHRA (Medicines and Healthcare products Regulatory Agency) before they can be sold.

These requirements are put in place to make sure vape products are sold to the correct people (i.e no one under the age of 18) and to guarantee they are safe to use.

Now, if you’ve done your research on Big Puff Vapes (you should read our “What are Big Puff Vapes?” blog if not) you’ll know that they have much larger tank capacities than 2ml, so how are they circumventing these laws? Let’s take a look at the loopholes.

 Loopholes 

1. Utilising Non-Nicotine E-liquids - By using e-liquid that has no nicotine in it, Big Puffs fall outside of TPD rules, meaning that manufacturers can create devices that have far larger tank capacities and aren’t limited by the 2ml rule. These non-nicotine varieties are legal, but they’re also being marketed alongside their nicotine-included partners which has caused some confusion with customers.

2. Multiple Pods and/or Chambers - With the 2ml rule binding a lot of companies, some manufacturers have found a clever work around. By designing devices that can hold multiple 2ml pods, they can technically claim that their product only has a 2ml capacity, even though it has more than one 2ml pod. This loophole has caused some eyebrows to be raised about how strictly the 2ml rule is enforced.

3. Unregulated Imports - With the sudden surge in popularity, the demand for Big Puffs has meant that they’re entering the country fast, and in large quantities. This naturally means that some devices that legally shouldn’t be here are making it into UK stores without the proper oversights. Yes, this is illegal, but due to the incredible demand and the speed in which these devices are being distributed, some are slipping through the cracks.

4. False Marketing - The marketing of these devices is, in some cases, omitting certain information such as e-liquid capacity or the nicotine strength of the product. Instead, the long battery life and high puff count is pushed to draw in customers and the true compliance is overlooked. Without fully disclosing this information, it can make enforcement challenging.

Like with all nicotine-delivery products, Big Puff Vapes come with their own risks, but due to the grey area they lie in, there are more things to watch out for.

1. Non-Compliance - If Big Puff Vapes are not complying with UK TPD laws, they could be looking at future bans or fines. Customers are at risk of unknowingly purchasing unregulated or illegal products which could pose a danger to their health.

2. Health Risks - Product safety is paramount with vape devices and manufacturing standards should always be met. If a unit is unregulated or flat out illegal, then it may not meet the safety or quality standard required by the TPD, meaning they could be a potential health risk.

3. Environmental Concerns - As with regular 600 puff devices, the disposable nature of Big Puffs is also called into question. While consumers may feel their longer lifespan reduces harm to the environment, once they are used up, they’ll still be disposed of, end up in landfill, and contribute to electronic waste.