The Chartered Trading Standards Institute and the Medicines and Healthcare products Regulatory Agency are warning retailers that non-compliant ELFBAR vape products must be removed from sale.
The CTSI and the MHRA have informed the UK Vaping Industry Association that the affected products must be removed from sale ‘with immediate effect.’
The products in question are all ELFBAR 600’s with the following batch numbers: EPOI7693, EP020398, EP020250, EP019749, EP020257, EP019746, EP020120, EP020394, EP019893, EP019894.
The CTSI has advised: “Some businesses have been told that there is only a voluntary withdrawal of non-compliant products in place and have interpreted this as meaning they do not have to withdraw non-compliant products from sale if they do not want to.
“This is not correct. All non-compliant products must be withdrawn from sale. Anyone who continues to sell these products are breaking the law and leave themselves open to fines, seizures and prosecution.
“The advice to businesses is that non-compliant products must not be made available for sale to consumers. Non-compliant products must be removed from shelves and returned to the producer for recycling and disposal.”
The products in question are non-compliant because they fail to comply with UK regulations in relation to the fill levels.
Enforcement notices have been sent to every trading standards office as well as to the other trade associations and it is expected that the MHRA may be issuing further information within the next 48 hours.
The relevant legislation comes under the ‘vigilance requirement’ of Regulation 39 in the Tobacco and Related Products Regulations 2016 which states: “Where the producer has reason to believe that an electronic cigarette or refill container which it intends to or has supplied, is not safe, not of good quality or fails to conform with Part 6 of the Regulations, they must (as appropriate):
(a) immediately take the corrective action necessary to bring the product into conformity with Part 6 of the Regulations;
(b) withdraw the product;
(c) recall the product”
The CTSI and MHRA further advise:
- There is no suggestion that the over-filled Elf Bars are a greater risk to health in normal use and does not require a recall to consumer level.
- It is clearly the responsibility of the producer to meet the vigilance requirement, not the responsibility of Trading Standards. We feel that any responsible business would want to remove non-compliant products from sale and compensate those in the supply chain who suffer detriment as a result. We expect suppliers to act responsibly and ensure any non-compliant products are removed from shelves and returned to the producer for recycling and disposal.
- Where products from non-compliant batches remain on the shelves it is as always, a local decision whether action should be taken or not depending on local priorities, competing demands and available resources.
ENDS