The Swedish Chemicals Agency has for the first time reviewed the labeling of e-liquids containing nicotine. 19 retailers were inspected and 15 of the companies were criticized for inadequate labeling of the products they sell.
"In general, the products are of high quality - that's not the problem - it's more a matter of formalities, such as labeling and classification of the products and providing customers with the right information" says Niklas Linder, Chairman of the Electronic Cigarette Industry Association, to Vejpkollen.
Nicotine is considered a poison under the EU's classification system (CLP) and must be labeled with appropriate warnings based on concentration. The labeling should be clearly visible and "recognizable" according to the Swedish Chemicals Agency.
According to Law on tobacco and similar products e-liquids containing nicotine can only be sold in packages of a maximum of 10 milliliters, with a maximum concentration of 20 mg nicotine per milliliter. The small packaging provides a limited surface area to accommodate the information required by the chemicals laws, the Swedish Chemicals Agency notes in its report. At the same time, e-juice with nicotine is regulated by double regulatory framework, The Tobacco Products Directive (TPD) and the Common Labeling of Pharmaceuticals (CLP) Regulation. This has made it more difficult for companies to know what applies in practice, according to the Swedish Chemicals Agency.
"As there are similar labeling requirements in both regulations, it can be practically difficult to fit all the information on the label and to place it correctly under both the CLP Regulation and the TPD. Duplication of regulations and regulators can also make it more difficult for companies to know where to turn for questions about what applies to the liquids" writes the inspection in its report.
In addition to the review of nicotine products, the Chemicals Inspectorate noted that flavor essences (used to make e-juice) must also be labeled according to the chemicals laws. These essences are very concentrated and can cause reactions if they come into direct contact with the skin. As essences are also used in food production, many retailers have assumed that they do not need to be labeled as extensively as nicotine products. But this is not always the case, according to the Swedish Chemicals Agency.
"The non-nicotine flavoring liquids and flavorings may also contain substances such as allergenic substances in such a concentration that the mixtures may need to be classified as hazardous and labeled according to the CLP Regulation" writes Chemistry Inspectorate.
Most essences used in e-juice come from established flavoring manufacturers who provide retailers with detailed safety lists on how to label the products.
"Each essence's safety data sheet clearly states how the bottle should be labeled to get it right, most operators have simply failed to transfer the labeling to the actual bottle they sell in store" says Niklas Linder.”
Niklas Linder says that the criticism from the Swedish Chemicals Agency is taken very seriously by the industry and that the solution lies in clear information to companies.
"Many of the companies have already been informed by the authorities as a result of these inspections and are working hard to improve. Within the Electronic Cigarette Industry Association we have also produced materials and information that will be made available to all members. We place high demands on our members to ensure that all work with chemicals is carried out correctly and that all products meet the legal requirements." says Niklas Linder
Both the Swedish Chemicals Agency and Niklas Linder believe that the inaccuracies in the labeling can be explained by the fact that the vejp industry is a relatively new industry and that the regulations have not been clear until recently.
"Most companies in the industry are small and run by passionate ex-smokers. Chemical legislation is not commonplace for these people, so there is still a lot to learn" notes Niklas Linder.
