As early as August 2016, France successively published Decree Nos. 2016-1117 and 2016-1139 on the Requirements for the Manufacture, Display, Sales and Use of Tobacco Products, Electronic Cigarettes and Smoking Herbal Products, which transformed the EU TPD Directive into Part of the National Public Health Act. With the normalization of the law enforcement process, in order to clarify the regulatory requirements, the official website of the Directorate General of Competition, Consumption and Anti-Fraud (DGCCRF) has provided more detailed descriptions of the quality requirements of electronic cigarette products. This issue introduces you to the special requirements related to the control of electronic cigarettes in France to help you export your products in compliance.

Single electronic cigarette

At present, the French "Public Health Law" stipulates that e-cigarettes are still defined as nicotine-containing products, but the DGCCRF official website states that whether the e-cigarette liquid contains nicotine is optional, that is, single e-cigarette products are also within the scope of the authorities' supervision.

non-drug e-cigarettes

a. Non-pharmaceutical electronic cigarettes are subject to the provisions of the General Safety Obligations in the Consumer Law, subject to EU CLP Regulation (EC) 1272/2008 and its Amendment Regulation (EU) 2017/776 on the classification, labelling and packaging of hazardous mixtures The latest regulations, that is, from December 1, 2018, e-liquid refills containing nicotine must use the unified classification label;

b. The packaging of electronic cigarette liquid products with nicotine content in the range of 0.25% - 1.66% (m/m) should post the "attention" mark; while products with nicotine content of 1.67% (m/m) and above should post the dangerous "Danger" logo. Relevant signs and precautionary measures are explained as follows:

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Product Packaging/Display Requirements

a. Product packaging and appearance should not include graphics of fruits or edible plants to symbolize the taste/aroma of the product;

b. The product should not attract the curiosity of children or mislead consumers to understand the nature of the product accurately;

c. The product can be sold online, but the product display page should have information about the product hazard level, such as skin contact harmful/toxic, ingestion harmful/toxic, etc.

Toxic Center Notice PCN

The Public Health Act makes several provisions for hazardous substances and mixtures:

a. E-liquid refills classified as toxic (nicotine content ≥ 1.67%) must notify the Poison Center (PCN) of toxicity;

b. Any advertisement for a nicotine e-liquid product must state the danger.

French DGCCRF

The full name of DGCCRF is the Directorate-General for Competition, Consumption and Anti-Fraud, which is an administrative agency under the French Ministry of Economy, Finance and Industry. The basic task of DGCCRF is to regulate all economic entities, including consumer interests, enterprises and local governments. One of its guiding principles is to protect consumer interests and protect consumer safety. DGCCRF is the competent body that oversees the quality and safety of consumer products, including e-cigarettes.

According to statistics, the proportion of smoking population in France is as high as 25%. As one of the best-selling EU markets for e-cigarettes, there are higher requirements for the management and control of e-cigarettes. Electronic cigarette product informants should carefully evaluate product compliance to fulfill the Regulations Obligations set out in the Public Health Act and the Consumer Act.

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