Published On: 8 January 2021
Non-nicotine e-liquids and e-cigarettes must be TPD notified in Germany Non-nicotine e-liquids and e-cigarettes must be TPD notified in Germany. Recently, German authorities have passed a new law on non-nicotine e-cigarette products. New regulation equals nicotine-free vaping products with standard e-liquids containing nicotine. This means a major change for both manufacturers and retailers of e-liquids. Check what do you need to know to maintain your sales in Germany.

Non-nicotine e-liquids and e-cigarettes must be TPD compliant in Germany

The reason for these changes is the amendment to TobakerzG, passed on 23 October 2020 which equates nicotine-free e-liquids with those that contain nicotine. Annex 2 to TobakerzV, which regulates the composition of e-cigarettes and refill containers, from now on also applies to e-cigarette liquids without nicotine. Accordingly, there is a need for action by retailers to maintain the marketability of their nicotine-free products. The passed law can be found here.

Nicotine free e-liquids must be notified in Germany under TPD regulation – what do you need to do?

According to new legislation in Germany e-cigarette liquids that do not contain nicotine must be analyzed in terms of emissions. If the composition of nicotine-free e-liquid is already known, the manufacturer provides the composition to the relevant authority, if not, it should be analyzed as well. The results of emission tests or composition of e-liquids must be reported to EU-CEG. We  encourage you to check out our:
  • Article on TPD tests and registration here. We have described there all the most important information on TPD notification and TPD laboratory tests in greater detail.
  • Free ebook E-liquid Industry Regulations Guide here, where we covered practical information on e-liquid industry law regulations in the European Union, but also the USA and non-EU countries.

Non-nicotine e-liquids and e-cigarettes must be TPD notified in Germany – when is the deadline?

The new regulation came into force on 1 January 2021. Consequently, if from the new year we want to sell nicotine-free liquids on the German market, they will require TPD registration and verification of ingredients. But what is the exact timeline?
  • If your product was already present on the German market in 2020 – you have 6 months to register it according to the new legislation;
  • If you want to introduce a completely new product to the German market – you need to notify your product and wait 6 months before you will be able to introduce your product on the market.
But what happens if you didn’t test and register liquids before 01/01/2021?

The sale period for unreported e-liquid products ends on March 31, 2021

You have to register e-liquids that are currently available on the market no later than 6 months from the date of entry into force of the new regulations, i.e. January 1, 2021. However, if you don’t want to TPD register the non-nicotine products you can sell them out before March 31, 2021.  Moreover, e-liquids without nicotine are now equal in terms of the composition requirement with nicotine liquids. In Germany, there is a special list of banned substances that can be extended at any time.

German new TPD notification rules – what do you need to know?

Let’s sum up the most important information concerning new TPD rules in Germany:
  • Restrictions on advertising – Just like liquids with nicotine, from January 1, 2021, you cannot advertise premixes and longfills in the mass media.
  • No need of 10 ml packaging – Nicotine-free liquids will not have a 10 ml limit per pack, nor a special nicotine warning requirement on the pack. The above restriction remains only for the nicotine liquids.
  • 6 month transition period – The new regulation entered into force on January 1, 2021. If the nicotine-free liquid was on the market before this date, there are 6 months to register it from January 1, 2021
  • Shortfills also need to be TPD notified – Shortfills also fall under this nationally extended definition of a refillable container within the meaning of Art. 2 No. 17 of TPD  Directive.

We can help you to maintain your sales in Germany

Our highly skilled TPD Specialists have conducted several hundreds of successful TPD registration in every EU country. We have the necessary experience with foreign authorities and their requirements. With us, you will have the guarantee that we will guide you through the process easily and without any unnecessary problems.

TPD  registration

We offer a comprehensive service of TPD product registration and guidance throughout the whole process. Also, we offer customer care after the process of registration. Above all, our TPD compliance team will help you to determine whether you have any gaps. Moreover, we will ensure that your products meet all requirements. Moreover, Chemnovatic has the necessary know-how and experience to help you to register your products in all EU countries. If you want to talk to our consultants about TPD regulation please contact us at sales@chemnovatic.com.    

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