Long fill aromas TPD registration

Compliance for long fills: GPSR 2005, Safety data sheets (SDS) and Poisons Centre register

Long fills are not directly covered by the Tobacco Products Directive (TPD) in most countries, except for Austria, Netherlands and Greece. Their safety is covered by the General Product Safety Regulations (GPSR) 2005, which also covers zero nicotine short fill products.

As there are high levels of flavour concentrate in long fills, Safety Data Sheets (SDS) are required that are REACH compliant (EC 1907/2006 Annex II 2019). Products also need to be notified on the European Chemicals Agency (ECHA) Poisons Centre register.

Regulation 5 of the General Product Safety Regulations (GPSR) 2005 states, ‘No producer shall place a product on the market unless the product is a safe product. A safe product is defined in regulation 2 as, ‘…does not present any risk or only the minimum risks compatible with the product’s use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons…in particular….the effect of the product on other products..’

‘Reasonable consumer expectations concerning safety,’ in regulation 6 indicates that the standards for e-cigarette liquids should be applied to short fills. Additionally, where a product is not directly regulated under its own regulations, they should be assessed to the nearest harmonised standard – which in this case is the Tobacco Products Directive (TPD) legislation.

Failure to ensure long fills e-liquids comply with GPSR 2005 could result in a £20,000 fine or imprisonment for up to three months. The only defence is to be able to show all reasonable steps were taken and due diligence was exercised.