Guidelines & Codes
Categorisation of electronic cigarettes
An electronic cigarette (e-cig) comprises a battery powered cigarette-shaped body with a mouthpiece or “cartridge” holding an absorbent material that is saturated with a flavoured liquid solution that may contain nicotine. E-cigs are commonly sold with a fitted cartridge but are also supplied as a battery powered vapourising unit to which a cartridge of choice can be fitted at a later time.
The categorisation of an e-cig product depends on how it is presented for sale, including the intended use claimed for the product by the supplier and whether this use has a therapeutic purpose as defined in the Medicines Act 1981.
- Electronic cigarettes are medicines when they are supplied for use as an aid to smoking cessation and with one or more cartridges.
- Electronic cigarettes are medicines when supplied with one or more cartridges containing nicotine even if they are not represented as aids to smoking cessation.
- Electronic cigarettes are medical devices when they are supplied for use as an aid to smoking cessation and without cartridges.
- Electronic cigarettes are not therapeutic products when they are supplied as a “gadget” which consumers may choose to use as a social prop or as an item which is to be used interchangeably with cigarettes.
The following table provides further guidance on “intended purpose” language or claims that will be regarded as suggestive of a therapeutic purpose.
| Therapeutic purpose | Not a therapeutic purpose |
|---|---|
| Supports or aids smoking cessation | Use in settings where smoking is not allowed |
| Remedy against/ helps alleviate nicotine addiction or the symptoms of nicotine addiction | Enjoy the flavours … |
| Helps you quit smoking/ smoke less | Try this new smoking option |
| Reduce your nicotine intake | It’s a cool, safer way to smoke |