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Note
Tobacco and Related Products Regulations (TRPR)
Key points
1. ASH, Cancer Research UK, the Royal College of Physicians and the Royal Society
of Public Health strongly urge you to support the Tobacco and Related Products
Regulations (TRPR) which are essential to successful implementation of
standardised packaging of tobacco products.
2. The Tobacco and Related Product Regulations 20161 transposed into UK law most of the
provisions of the revised EU Tobacco Products Directive. 2 New regulations would be
needed before tobacco companies could be required to put:
Larger health warnings on cigarette packs covering 65% of the front and back of
packs
Picture warnings on the front of all cigarette packs
In addition the TRPR also includes other important measures designed to reduce
smoking uptake in young people and support quitting including:
Prohibition of flavours from 2016 including menthol from 2020 (there is some
evidence that menthol in cigarettes makes it easier for children to try smoking and to
become addicted regular smokers)
Enhanced reporting obligations on the tobacco industry including sales data and
market research on the impact of ingredients and emissions particularly on young
people
Notification of novel tobacco products six months in advance of marketing.
3. The organisations endorsing this briefing support the TRPR regulations on electronic
cigarettes as we believe they are appropriate and provide proportionate regulation.
However, they will need to be monitored to ensure there are no unintended
consequences.
4. In replying to any debate on the TRPR, the Government should be asked to commit to:
Ensure that enforcement of the TRPR will be appropriately light touch
Monitor the impact of the TRPR, as set out in paragraph 18 below, and support
for appropriate revision of the TPD as a result of the required review
Support Stop Smoking Services, so that they continue to be funded and will
encourage use of electronic cigarettes and other clean nicotine products to
support quit attempts
1 Tobacco and Related Products Regulations 2016
2 Revised EU Tobacco Products Directive 2001/37/EC
1
Supporting Information
Use of Electronic Cigarettes in Great Britain 3
5. There are an estimated 2.8 million adults in Great Britain currently using electronic
cigarettes, an increase from 700,000 in 2012. (These figures are based on YouGov
surveys commissioned by Action on Smoking and Health, with results applied to Office of
National Statistics mid-year GB population figures). Among 11 to 18 year olds, regular
use of electronic cigarettes (once a month or more) is rare. Only 2.4% of respondents in
the 2015 Smokefree GB Youth Survey conducted by YouGov said they used electronic
cigarettes once a month or more.
6. Use of electronic cigarettes by both adults and children is almost entirely by current or
former smokers. Over time, the proportion of users who are still smokers has fallen, and
the proportion of users who are former smokers has risen. The latest estimate for 2016 is
that 47% of users are former smokers and 51% are still smokers. Nearly two thirds of
those who tried electronic cigarettes in the past no longer use them. Among those who
carry on using them, long-term use is quite common, about 65% of ex-smokers still using
electronic cigarettes have been doing so for more than a year. The main reasons
smokers cite for using e-cigarettes are to help them quit smoking, to save money
compared with smoking and to prevent relapse back to smoking.
7. The real harm caused by smoking tobacco is not from nicotine, which although
potentially addictive has not been shown to cause smoking-related diseases, but from
inhaling tobacco smoke which contains carbon monoxide and tar a mixture of toxic
chemicals, more than 60 of which have been shown to cause cancer.4 These substances
are either not present in e-cigarette vapour or are at much lower levels.
8. Current evidence supports the conclusion that electronic cigarettes are as helpful as
other clean nicotine products in helping smokers to cut down or to quit altogether. 5
Stopping smoking is difficult, and most individual quit attempts fail. The best chance of
3 See Use of electronic cigarettes in Great Britain:
ASH Fact Sheet, May 2016 and Use of electronic cigarettes among
4 Monographs on the evaluation of carcinogenic risks to humans. Vol 83: Tobacco smoke and involuntary smoking. Lyon,
International Agency for Research on Cancer (IARC), 2004
5 For example, the recent BBC Horizon programme E-cigarettes: miracle or menace? tracked a group of smokers attempting
to quit, some with no nicotine replacement product, some with electronic cigarettes, and some with licensed nicotine
replacement therapy (NRT) products. Both electronic cigarettes and NRT improved quit rates, but neither was measurably more
successful than the other.
April 2016
been set at 2ml and the size of refill containers at 10ml. It has been argued that these
limit are too low, and could discourage use of electronic cigarettes.
13. However, the ASH survey found that only 9% of vapers report using e-liquid containing
19mg/ml or more of nicotine and only 11% use more than 4ml of liquid a day. Therefore,
only a small number of users will need to refill their device more than twice a day. The
minority of vapers using higher strengths and higher volumes of e-liquid will continue to
be able to buy these products until 20th May 2017, leaving time for the market to evolve
further to meet their needs.
14. Although the TRPR restricts advertising of electronic cigarettes, awareness of electronic
cigarettes grew rapidly before heavy advertising of the products took place. YouGov
results show that over 90% of smokers are now aware of electronic cigarettes. In
addition, substantial advertising is still permitted, including advertising at point of sale, on
billboards, on buses, as inserts in printed media, and the provision of product information
on websites.12
15. The TRPR notification process13 will provide important information about contents and
emissions of electronic cigarettes, for example whether products include flavouring that
may appeal to children and young people who are not smokers. There is also a need to
ensure continuing research on the health effects of specific products, and this regulation
will ensure continued monitoring. Although the evidence shows electronic cigarettes to
be much less harmful than cigarettes, they may still cause harm (for example
inflammation of the lungs). Appropriate regulation requires continued monitoring.
16. The cost of regulation should not be excessive. Fees for notification of nicotine
products to the Medicines and Healthcare products Regulatory Authority (MHRA) are low
(and were reduced from the initial proposed levels as a result of consultation).13
17. Regulation 51 of TRPR (implementing the parallel provision of the TPD) requires periodic
review of the Regulations, with the first review published by 20th May 2021.2 It would be
desirable for the Government to develop and publish a review process, which monitors
the developing evidence on electronic cigarettes, publishes interim conclusions, and
ensures that public health organisations, manufacturers and users are fully consulted.