The following table compares the high-level options for a regulatory vehicle for emerging tobacco and nicotine-delivery products. Table 13: Comparison of options for a regulatory vehicle for emerging tobacco and nicotine-delivery products Options Option 1: status quo Option 2: Option 3: Option 4: Option 5: Products unlawful under Rely on existing consumer Include within the of the Incorporate a new regulatory Develop bespoke legislation SFEA; decisions taken protection legislation Psychoactive Substances Act framework under the SFEA and Act amended on case-by-case basis Pros High of scrutiny and Low cost for business and High regulatory hurdle in Act is Opportunity to build on Opportunity to develop bespoke decision-making government appropriate for products at the ecigarettes framework (at purpose, principles and modern high-risk end of the spectrum end of spectrum) risk-based regulatory framework best suited to emerging tobacco Emerging tobacco and and nicotine-delivery products nicotine-delivery products fits best with legislation regulating existing tobacco products Existing legislative vehicle on 2017 legislation programme to amend SFEA Cons Slow process Not sufficiently robust to High regulatory hurdle May be philosophically at Time and cost in developing a – regulatory change lags manage the safety risks inappropriate for products at the odds with traditional approach new Act considerably behind associated with emerging low-risk end of the spectrum to tobacco control, which has Would need to interface shifting evidence and tobacco and focused on an end-game Relatively high costs to smoothly with SFEA public expectations products (harm reduction is not a business and government principle that has been used) No existing safety standards associate with approving for emerging tobacco and products nicotine-delivery products Would require a legislative could be adopted amendment to bring nicotine Enforcement is passive, in into scope of the Act response to complaints and failures
The following table compares the high-level options for a regulatory vehicle for emerging tobacco and nicotine-delivery products. Table 13: Comparison of options for a regulatory vehicle for emerging tobacco and nicotine-delivery products Options Option 1: status quo Products unlawful under SFEA; decisions taken and Act amended on case-by-case basis Option 2: Rely on existing consumer protection legislation Option 3: Include within the of the Psychoactive Substances Act Option 4: Incorporate a new regulatory framework under the SFEA Option 5: Develop bespoke legislation Pros High of scrutiny and decision-making Low cost for business and government High regulatory hurdle in Act is appropriate for products at the high-risk end of the spectrum Opportunity to build on ecigarettes framework (at end of spectrum) Emerging tobacco and nicotine-delivery products fits best with legislation regulating existing tobacco products Existing legislative vehicle on 2017 legislation programme to amend SFEA Opportunity to develop bespoke purpose, principles and modern risk-based regulatory framework best suited to emerging tobacco and nicotine-delivery products Cons Slow process – regulatory change lags considerably behind shifting evidence and public expectations Not sufficiently robust to manage the safety risks associated with emerging tobacco and products No existing safety standards for emerging tobacco and nicotine-delivery products could be adopted Enforcement is passive, in response to complaints and failures High regulatory hurdle inappropriate for products at the low-risk end of the spectrum Relatively high costs to business and government associate with approving products Would require a legislative amendment to bring nicotine into scope of the Act May be philosophically at odds with traditional approach to tobacco control, which has focused on an end-game (harm reduction is not a principle that has been used) Time and cost in developing a new Act Would need to interface smoothly with SFEA
ris-regulation-of-e-cigarettes-and-emerging-tobacco-and-nicotine-delivery-products-nov17.docx