This is the reply I got from Derek Vaughan MEP. I shall think carefully about my reply and not just get angry...
"Thanks for your email.
You raise a number of concerns with the Tobacco Product Directive (TPD) and the part which relates to e-cigarettes.
The final law was adopted by a majority of MEPs in the European Parliament in a vote some time ago - including the measures on e-cigarettes. The text which was put to the vote in Parliament was the outcome of an agreement between MEPs and 28 national governments and represents a compromise between the positions of both sides. Many governments - including the UK government - wanted much stricter regulation on e-cigarettes and wanted all e-cigarettes to be authorised in the same way as nicotine patches and chewing gum (using the medicines licence system), whereas the majority position in the European Parliament (voted in October) was to regulate them in a similar way to tobacco products.
The final measures on e-cigarettes are very close to what the European Parliament voted, which was strongly supported by the same people who were asking for article 18 to be deleted. The Parliament's key demand in amendment 170 was to reject the initial proposal that all e-cigarettes need a medicines licence. Parliament won on this and on its three key demands to allow: a high strength threshold, flavourings, and refillable e-cigarettes. The compromise means that e-cigarette manufacturers have the option of having their products treated like tobacco products - i.e. they can be sold freely, as long as they meet certain safeguards. Amendment 170 voted by a majority in Parliament supported most of these safeguards, including the same advertising bans as for tobacco products, the same cross-border sales rules as for tobacco, better labelling for consumers, and a cap on the nicotine concentration (Parliament voted for 30mg/ml, national governments voted for 2mg/ml and the final compromise was 20mg/ml). E-cigarette manufacturers who wish to do so can still apply for a licence (medicines route) and would be able to advertise, have their products available on the NHS in the UK and sell stronger strength products. Two major UK e-cigarette companies have already announced they will seek a license in this way. Across Europe, the e-cigarette industry is split on whether they support the new rules.
Many vapers were asking MEPs to vote to delete article 18. It is also important to remember that this would not mean no regulation, it would just mean no regulation of e-cigarettes at EU level - leaving national governments free to bring in their own laws. The UK Government has already made clear that given the choice, they would regulate all e-cigarettes as medicines.
There has been a lot of information, not all of it accurate, about the TPD, suggesting that e-cigarettes were going to be banned or that most products would disappear off the shelves. The debate has always been about how to regulate e-cigarettes and the amendments secured by Parliament mean all kinds of products will stay on the market, but with improved safety and quality controls for consumers. For all these reasons, I voted to support the overall compromise.
Some further points to take into consideration...
* There is no ban on e-cigarettes contained in the EU legislation
* Labour MEPs were not motivated by tobacco/pharmaceutical industry lobbying but by concern for public health. We recognise the health benefit of products that can help people quit smoking but consumers rightly assume that if a product is freely available on the market, then it is safe; we wanted the regulation of e-cigarettes to ensure this is true. We also wanted to ensure that these products were not being used as a gateway to nicotine addiction and smoking by young people.
* In terms of the legislation banning everything but the 'cig-alikes', the criteria set in the TPD is: a maximum concentration for nicotine liquid of 20mg/ml (this is comparable to the dose delivered by a standard cigarette and much higher than the 2mg/ml that the MS wanted) and the maximum size of a cartridge or tank would be 2ml.
* However, the legislation does allow added flavourings and refillable e-cigarettes.
* the UK was one of the Member States arguing for stricter legislation in Council, so if we hadn't legislated on e-cigarettes at EU level it would have been up to the individual Member State and many, including the UK, would probably have gone further.
* E-cigarette manufacturers can also apply for a medicines license for their products if they wish. In this case they would be allowed to sell stronger strength products, to advertise their products as an aid to quit smoking and to have their products available on the NHS.
My office has been in touch with the Department of Health and the UK government are not intending to go beyond the provisions in the TPD on e-cigarettes.
The UK's aim when implementing the legislation will be to ensure that a range of products that people want to use remain on the market, but that these are positioned as an alternative to smoking and not as a way to introduce young people to vaping or smoking. The UK held a public consultation on this, which closed on 3rd September 2015 and the domestic rules should come into force by 20th May 2016."
