The Squeeze of Shortfills has Started…

…Holland, Austria, Greece, and now Latvia.

At ADACT Medical we have always held that shortfills are a regulated product, they should not be a way to dodge regulation, under the GPSR 2005, a catch all piece of legislation, it imposes TPD standards on shortfill products and that cant be disputed, but many did. See our earlier article on GPSR, but there are many companies that continue to pursue shortfill business as a way to avoid safety and testing standards, this kind of behaviour has started to bring the obvious response from the European Legislators, in Greece they require all shortfills to be tested and submitted through the TPD portal, you can still sell bit bottles, but only if they are notified. In Holland you have to register your shortfills in the same way as your 10ml and we believe that larger bottles are not going to be allowed. Austria are bringing in similar rules to Holland and we have just had notification from the Latvia authorities to the same effect.

So if shortfills are a big part of your business now is a good time to ask us to conduct an assessment and bring you into compliance.

Below is an extract of the notification from Latvia.

Dear Mr. Damien Bove,

Thank you for your email. The Health Inspectorate is the surveillance body for e-cig liquids in Latvia, therefore, I would like to take this opportunity to inform you about the changes in the law “Tobacco products, herbal smoking products, the electronic devices and their liquid movements law”. It has been  amended on 04.04.2019. Amendment is available in Latvian here:

  • There are several substantial changes concerning the requirements for liquid without nicotine and concerning payment for processing of data.
  • volume of non-nicotin liquid bottle shall not exceed 10 millilitres; bigger bottles are banned, only if they were placed on the market till 31.12.2018, they can be sold out till 31.12.2019;
  • liquid shall not contain additives listed in Paragraph (2), Clauses 1, 2, 3, 4, and 5 of Section/Article 3;
  • only such ingredients shall be used in the liquid that do not pose a risk to human health in heated or unheated form;
  • containers shall be child- and tamper-proof, they shall be protected against breakage and leakage and have a mechanism that ensures refilling without leakage;
  • but – no notification for liquids without nicotine. There is no change in the Section/Article 5 (about duty of notification), it is listed among exemptions in the Amendment.
  • It is stated now in Section/Article 3, Paragraph (1) Clause 3 “It is forbidden to place on the market tobacco products, herbal smoking products, electronic cigarettes, refill bottles and novel tobacco products for which no information has been submitted in accordance with Article 5, Paragraphs one and two of this Law and no payment has been made for processing the provided information in accordance with the Health Inspectorate’s service price-list”.