Am I nuts for thinking this?

[Sparky87]

I'm new to the forum but vaping for a year.

These TPD crap has a massive loophole! If a shop does not sell nicotine at all and advertises and recommends that all juices and devices are recommended not for nicotine use, then surely the shop and every product they sell does not come under TPD regulation.

So am I nuts for thinking this or have I hit the nail on the head?

 

[SparrowONE]

I do believe that they don't care about that "stunt". They go by the "potential use of nicotine" rather than the actual use.
Not 100% sure about it - but close enough.

 

[Sparky87]

I thought they would try the potential use but then I've seen shops both head shops and corner shops but they sell things that are for smoking weed and it's an illegal substance but everything you need to smoke it you can buy over the counter and it's purposely made for that or other illegal drugs

 

[Simon G]

The zero nic liquids thing is possible .... but I'm not sure what devices they would be selling in your 'plan'

there's only two options, compliant products or non-compliant products... or I suppose a third option is something that's pretending to be something other than an e-cig/vaping device.

I can't see that shop doing too well to be honest, guy walks in off the street, like I did a year ago, and says "I want to stop smoking can you help" ...and the bloke behind the counter says yeah, here's some flavoured VG/PG, you'll need to go and buy some nicotine to mix with that and here's a torch that you can convert into a mod with an RDA, the instructions are online and you'll have to make coils for it too.

 

[ossettbob]

I seem to remember a recent bit of info from Lee at Dripworx. He was told by Trading Standards that his
0% liquid had to be labelled "this product contains nicotine " or something similar. They said that, although it did not contain nicotine, it could if nicotine was added. Absolutely crazy but that is how their minds work. Don`t think they would let a shop get away with what you are suggesting.

 

[oldhippydude]

I'm new to the forum but vaping for a year.

These TPD crap has a massive loophole! If a shop does not sell nicotine at all and advertises and recommends that all juices and devices are recommended not for nicotine use, then surely the shop and every product they sell does not come under TPD regulation.

So am I nuts for thinking this or have I hit the nail on the head?

Yes you are nuts.
You should fit in well here.
Welcome to the planet.
enjoy.

 

[Sparky87]

But then surely if you state zero nicotine and also state contains nicotine on juice that is false advertising which trading standards charge and fine companies for

 

[Sparky87]

The shop in question would be for people already vaping. For who want bigger tanks, bigger bottles of juice or even mechs coz I'm pretty sure as soon as they start testing devices they will ban all mechs as unsafe e-cig device but as a vape device and labelled as not for nicotine then surely it will not come under the TPD and sure the potential use is there but how can they justify it if it's in a complete non-nicotine shop.

 

[Ment]

No, you're not nuts. It's a pathetic, ill thought out piece of legislation, and being as we're not in North Korea it should be easy to exploit the loopholes.

The 2 main problems are (1) that no-one seems prepared to risk it. Those who have established businesses and are hopeful of continuing to make a living have fallen in line, while the rest have given up.

(2) It would be easy to sell equipment as homewares (as a lot of vendors in the US are doing), but businesses need to attract new customers and to do this they need to sell vaping products.

Whatever silly labels vendors have to put on their bottles, they still won't come under the TPD if they don't actually contain nicotine.

 

[oldhippydude]

A loophole is when you find a legal way to to get round a law.
Ignoring the law or pretending that the law does not apply to the products you sell, while admirable when faced with a crap law, it is not a loophole.

I have no doubt that non compliant devices will still be available from certain sources, after next week, and I am sure some of them will try to cover their arses by saying they are not for vaping, or they are collectors items only, or they are paperweights. They may well get away with it for a while, not because they have found a loophole but because they are small enough, that they do not come to the attention of Trading Standards or Trading Standards have other priorities.

I can not be bothered looking up the wording of the legislation at the moment, but I am pretty sure that devices that can be used for vaping are covered by the wording.

Many of the businesses that have decided to fall in line have lawyers who would have found any loopholes as simple as what is being suggested here.

If the loophole existed it would be get rich time for the person that set up a uk website selling everybodys favourite non compliant kit.
If it was a loophole and not just ignoring the law, you would have till the government changed the law to make money. With the government otherwise busy with brexit, I am sure you would get a year or more to rake in the money. If the loophole exists it will be explointed. Unfortunately in my opinion, it does not exist.