Article 20 and what does it mean for the Vaping Industry

Here we see what is going on in EU, how the government is trying to hand control over to tobacco industry by limiting not only ejuice quantity but also the size of tank on your ecigarette.

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I believe that this has been planned behind closed doors since about 2005, big tobacco and Pharma came up with a plan to take control of the market with the help of the governments regulation and they have never steered away from this agenda. The governments are very willing to follow this plan for a number of reasons;

  1. It shows a safe standard to the public’s eye and creates a comfort zone for most.
  2. This regulation will slow the ecigarette craze down allowing them to adjust to tax revenue losses. The products that will be legal are less effective than newer technologies on the free market right now but will still be more effective than conventional cessation products that are being sold.
  3. Medical professionals will back out of the fight for vapers rights as they will accept this regulation and be in agreement that ecigarettes are getting out to smokers.
  4. ANTZ and anti-smoke groups will also accept this but continue to fight for more regulation but not as stringently as they do right now, you have to remember the government deals with them all the time as does big tobacco.

Vape shops that remain will sell starter kits as we vapers refer to them and convenience stores and anywhere that sell tobacco products will carry big tobacco’s products like “Blu” that take refillable cartridges and nicotine will be added to the cartridge ejuices.  These kits are effective and enough to get smokers off of cigarettes, it is what I started on myself and dropped tobacco immediately with 18mg ejuice and I smoked over a pack of 25 cigarettes a day. This all boils down to the fact that they do not want us vapers enjoying this new technology. The governments, medical professionals, anti-smoking activists see it as a smoking cessation and nothing more, a device to get people off tobacco products period. Smokers are not allowed to enjoy smoking, we are meant to suffer for our sins and anti-smoke activists will never accept vaping since it looks like smoking. Once the medical community is satisfied with the regulation put in place, vapers will really have no clout in their argument for vapers rights. The public and governments have accepted that smoking or the appearance of smoking should and will not enter into our society again no matter how safe we prove it to be, it still looks like smoking.

I had a troll on ECF (Electronic Cigarette Forum) ask me; “What makes you think you have the right to Vape in public polluting the air with vapour?”

I replied; “What makes you think you have the right to breathe vapourless air?”

The truth is we are both right but the public and anti-smoking campaigns are on his side of the argument and not mine.

Here is what my starter kit looked like;

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These kits consist of two pen-style ecigarettes that have ejuice tanks that hold no more than 2mls of ejuices, two rechargeable batteries, a charger, replacement coils and a carry case for the cost of about $100 Canadian retail.

This is the future of vaping I believe, effective for smoking cessation and pleasing to the public with less vapour cloud on exhale.

As for the vaping community that have found it to be a hobby and cloud chasing as it is called by experienced vapers will become illegal and driven underground. The government knows this and again find that acceptable since the percentage of even the existing vapers is about 2% that cloud chase and total percentage of people vaping right now is only about 2% of smokers and smokers overall are about 20% of total population, a small group in the grand view.

The propaganda has already put vapers in the smokers hate group with most of the public eye, I myself have noticed the looks I get as I vape in public now and before people seemed more curious than appalled and I know friends who stealth vape as they call it in public feeling the unacceptance of the public even though we know vapour is harmless.

Yes the Hitler tactics of the anti-smoking movement has done a wonderful job and I am sure if some were allowed they would round smokers and vapers up and stuff us into gas chambers just like the Jews. Sound extreme I think not!

So fight for your rights don’t be pushed around by people who associate Tobacco products with Vaping, lets all act and Challenge Article 20.

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It is time for vapers to stand up and be heard! Article 20 is upon us all. Together we must to look towards possible EU restrictions and regulations against vaping and e-cigarettes in 2016.

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Totally Wicked have launched a challenge, but it is a challenge they hope all vapers and all of industry can support.  They want it to be our challenge – vapers and the electronic cigarette and e-liquid industry, for if the TPD is implemented in its current form we will all lose out.

Totally Wicked launched this legal challenge to the EU’s Tobacco Products Directive last year, on the grounds that Article 20 of the Directive breaches EU law.

Specifically, this challenge is based on the view that Article 20 of the TPD represents a disproportionate impediment to the free movement of goods and the free provisions of services, places electronic cigarettes at an unjustified competitive disadvantage to tobacco products, fails to comply with the general EU principle of equality, and breaches the fundamental rights of electronic cigarette manufacturers and users.

On the 6th October 2014, at the UK’s Royal Courts of Justice, Mr Justice Green decided that a ‘preliminary ruling’ reference should be made to the Court of Justice of the European Union to determine whether Article 20 of the TPD does in fact breach EU law.

The CJEU hearing is expected to take place later this year.

With this ruling, Totally Wicked became the first electronic cigarette company to win the right to challenge a Directive that will bring electronic cigarettes and e-liquids under the same regulatory scope as tobacco, and, one that regulates them far more stringently than some tobacco products.

So, what could 2016 bring to the table for vapers?

  • You will not be able to buy the devices you use now! 2ml tank capacity limit means a huge swathe of the most popular products will be unavailable. (The wording of TPD Article 20 is ambiguous in respect of this limit, but the first Member State to implement has decided on an outright ban on tanks over 2ml capacity.).
  • You will have less choice of e-liquids! Harsh regulations around fluid and emissions testing mean that small and artisanal e-liquid manufacturers will be unable to compete, or in many cases even stay in business. Larger manufacturers will be forced to restrict the choices in their fluid ranges.
  • You will have less choice of nicotine strength! The 20 mg/ml nicotine strength limit means that those most at risk from combustible cigarettes (heavy smokers) are least likely to be able to satisfy nicotine craving with e-cigarettes.
  • All e-cigarettes will start to look the same! Ensuring “leak free refilling” (to be supported by a proposed Pan-European standard filling mechanism) also outlaws the vast majority of refillable and all rebuildable products, to be replaced by e-cigarettes with the same generic and standardised filling mechanism.

Electronic cigarettes are not a tobacco product, they are a revolutionary product with the potential to render tobacco cigarettes obsolete and prevent millions of deaths from smoking.  We believe that the TPD is likely to adversely impact the availability of good quality electronic cigarettes and e-liquids, and, jeopardise the life changing potential of e-cigarettes.

Let’s join together in this challenge to Article 20 of the TPD.  By adding your name, email address and town on the form you will be playing your part in demonstrating to the CJEU that vapers and industry from across the EU are united in their opposition to Article 20 of this directive.

There are an estimated 2.5 million vapers or e-cigarette users in the UK, together we have a strong singular voice.

TGV lauds Totally Wicked’s decision to Challenge Article 20 and would like everyone to lend their full support.

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