News and updates

New data protection rules – how does GDPR affect the vaping industry?

GDPR changes rules on data protection: You might be forgiven for a little fatigue when it comes to new regulation. The TPD in Europe, Deeming in the United States…it’s been tough to keep up with. But a new horizontal regulation in the EU will affect the way everyone does business, and that includes the vaping industry: the General Data Protection Regulation (GDPR).

GDPR will come into force next year, and it’s particularly important that companies who sell online take note, as they way that they process customer data likely needs a radical overhaul. Many are examining their procedures now in anticipation.

Key changes include:

  • International scope – for the first time, non-EU companies are within the scope of GDPR when they process the personal data of EU residents. That means US companies selling to European consumers need to pay attention too.
  • Consent for processing – Consent for data processing must be freely given by the subject, specific, informed and unambiguous. Requests for consent should be separate from other terms, and be in clear and plain language. A data subject’s consent to processing of their personal data must be as easy to withdraw as to give. Consent must be “explicit” for sensitive data such as addresses and credit card details.
  • Parental consent – parents must give consent for minors to receive information society services – a minor is considered to be anyone under 16 but Member States can lower that to 13 if they wish.
  • Information provided to data subjects – Data controllers must continue to provide transparent information to data subjects. This must be done at the time the personal data is obtained. However, existing forms of fair processing notice will have to be re-examined as the requirements in the GDPR are much more detailed than those in the current Directive. For example, the information to be provided is more comprehensive and must inform the data subject of certain of their rights (such as the ability to withdraw consent) and the period for which the data will be stored.
  • International data transfer – US companies selling on the web should take note: exporting personal data from the EU to third countries is strictly controlled. An outright ban on transfers to foreign regulators without approval did not survive the adopted text. That said, most routine transfers are prohibited and they can only take place when sufficient information is given to data subjects informing them of the specific risks of the transfer.

The deadline to get all of this implemented in May 2018, so if you’ve never heard of GDPR, now might be the time to take a look.,

FDA ingredients listing deadlines moved back for those affected by hurricanes and forest fires

In an email sent to the FDA’s mailing list yesterday, the Angency announced that FDA ingredients listing deadlines would be moved for those companies struggling to cope with the effects of natural disasters.

In a statement on its website, the Angecy said:

“The FDA is aware that tobacco manufacturers and importers in the affected areas are dealing with extraordinary circumstances and may need additional time to meet certain requirements.  As a result, the FDA is extending the compliance deadlines for the ingredient listing and health document submission requirements by an additional six months for manufacturers and importers of deemed products in the areas affected by these recent natural disasters.”

FDA has listed the areas where manufacturers will be given extra time to complete FDA ingredients listing. This includes Caribbean Islands and large parts of Texas and Florida that were hit by tropical storms; along with parts of California that were hit by wildfires. We have reproduced this list below for reference (last updated 19th October 2017). Should FEMA decide that other areas have been significantly affected by these disasters, FDA will do likewise.

It’s not yet known whether those companies not in these areas but who have significant suppliers who were affected will also be granted exemptions. The Agency have provided a telephone number (1.877.287.1373) and email address (SmallBiz.Tobacco@fda.hhs.gov) for those who would like further clarity. If you’re not in one of the areas listed, you should assume that the original deadline still applies to you unless you are told otherwise.

For those who will receive an extension for their FDA ingredients listing, the new deadlines are:

Large scale manufacturers: May 8 2018

Small scale manufacturers: November 8 2018

Areas Affected by Recent Natural Disasters

  • Caribbean Islands — This extension will apply to manufacturers and importers of deemed products in all areas of:
    Puerto Rico
    U.S. Virgin Islands
    Anguilla
    Antigua and Barbuda
    Barbados
    Bonaire
    Sint Eustatius and Saba
    British Virgin Islands
    Cuba, Dominica
    Dominican Republic
    Guadeloupe
    Martinique
    Montserrat
    Saint Barthélemy
    Saint Kitts and Nevis
    Saint Lucia
    Saint Vincent and the Grenadines
    Saint Martin/Sint Maarten
    Turks and Caicos Islands

 

In the continental United States, this extension will apply to manufacturers and importers of deemed products in the following counties designated by the Federal Emergency Management Agency (FEMA) as disaster areas:

 

  • California —
    Butte
    Lake
    Mendocino
    Napa, Nevada
    Orange
    Sonoma
    Yuba

 

  • Florida —
    Alachua
    Baker
    Bradford
    Brevard
    Broward
    Charlotte
    Citrus
    Clay Collier
    Columbia
    DeSoto
    Dixie
    Duval
    Flagler
    Gilchrist
    Glades
    Hardee
    Hendry
    Hernando
    Highlands
    Hillsborough
    Indian River
    Lafayette
    Lake
    Lee
    Levy
    Manatee
    Marion
    Martin
    Miami Dade
    Monroe
    Nassau
    Okeechobee
    Orange
    Osceola
    Palm Beach
    Pasco
    Pinellas
    Polk
    Putnam
    Sarasota
    Seminole
    St. Johns
    St. Lucie
    Sumter
    Suwannee
    Union
    Volusia

 

  • Texas —
    Aransas
    Austin
    Bastrop
    Bee
    Brazoria
    Caldwell
    Calhoun
    Chambers
    Colorado
    DeWitt
    Fayette
    Fort Bend
    Galveston
    Goliad
    Gonzales
    Grimes
    Hardin
    Harris
    Jackson
    Jasper
    Jefferson
    Karnes
    Kleberg
    Lavaca
    Lee
    Liberty
    Matagorda
    Montgomery
    Newton
    Nueces
    Orange
    Polk
    Refugio
    Sabine
    San Jacinto
    San Patricio
    Tyler
    Victoria
    Walker
    Waller
    Wharton

PolicyMatters rebrands as Beckett Associates

PolicyMatters – one of the longest standing consulting firms in the field of vape regulation – has rebranded to Beckett Associates.

The firm, which was founded by Peter Beckett in 2014 and has been working on vaping and regulation since its inception, provides client-focused regulatory services to companies operating in and around vaping. Its core offerings include:

  • TPD notifications and ongoing compliance: helping clients with liquid and emissions testing, toxicological data and notifications for vaping products that are to be sold in the European Union and regulated under the Tobacco Products Directive.
  • FDA submissions: helping clients active in the United States prepare their Premarket Tobacco Application, which will require
  • Toxicological data: providing a cost efficient solution to clients that require toxicological literature searches using software to compile publicly available data on any known chemical substance.

The Beckett Associates team is made up of three best in class advisors on the science, regulation and politics of vaping; and includes a globally recognised pharmaceutical development scientist and a Brussels-based former diplomat. It’s founded on key principles of transparency, simplicity, professionalism and value for money.

Peter Beckett, Beckett Associates Managing Director, said:

“While our name and our brand has changed, our core values and customer-focused approach to regulatory consulting will remain the same. We’re proud to work with some of the best companies in vaping, both large and small, and we look forward to continuing to serve this transformational industry as it matures and grows”.