2016 is lining up to be the most unpredictable year yet for the vaping industry with changes afoot in the sale and use of e-cigarettes for both retailers and consumers.

The Welsh Assembly have recently rejected a proposed ban on vaping in certain public places, while the EU is working on legislation to classify e-cigarettes as tobacco products.

The Tobacco Products Directive will be enforced from May 19th 2016, but Britain might begin the process of leaving the EU just three days after that. As an industry, vaping has seen huge and rapid growth, but is it now facing a challenging year?

Welsh Assembly rejects Public Health Bill

The latest public health bill in Wales contained a ban on vaping in schools and educational establishments, places where food is served, premises which provide child care, public and school transport vehicles and transport hubs such as bus and train stations.

Assembly Members voted against the ban after a political row developed between Plaid Cymru and Labour. When the bill returns to the assembly it looks like the sections on e-cigarettes could well be removed as Plaid Cymru joined forces with both the Conservatives and the Liberal Democrats to vote against the bill because of the proposed ban on e-cigarettes.

The Senedd: The Welsh Assembly is far from reaching a consensus on vaping

Studies have yet to find any evidence that vaping can harm bystanders exposed to e-cigarette vapours. An expert independent evidence review published by Public Health England stated that ‘there is no evidence so far that e-cigarettes are acting as a route into smoking for children or non-smokers’.

Just over the border in Bristol the local council have taken a proactive approach to promoting vaping as a much healthier alternative to smoking. Council workers spent National Stop Smoking Day in e-cig shops demonstrating the difference that vaping can make by drastically reducing carbon monoxide levels in the body compared to smoking tobacco.

At The Electric Tobacconist, we feel that any restrictions on vaping freedoms risk reducing the appeal of e-cigs to smokers. As vaping is thought to be significantly less harmful than smoking, such restrictions can have a catastrophic knock-on effect.

That said, we advocate common sense when vaping. If a bystander prefers to breathe fresh air, that should be respected. We believe the final word on vaping should lie with the proprietor of the premises concerned.

Much of the debate around vaping ask the question: “should vaping be allowed in public places?” We think that a better question would be “should property owners be allowed to decide for themselves if vaping is allowed on their premises?”

Tobacco Products Directive

European Union regulations under Article 20 of the Tobacco Products Directive come into power from May 2016 causing changes for both vaping business owners and vapers despite the fact that e-cigarettes do not contain tobacco.

The EU is having a big say on the future of vaping across Europe

Amongst the new regulations are rules concerning e-liquid requiring containers to be no larger than 10ml, nicotine strength cannot exceed 20mg, bottles must be child-proof and there are requirements affecting the provision of information about ingredients and manufacturing. Added to this are regulations limiting tank size to 10ml and cartridges to 2ml.

Some reports hint that this new wave of regulation could mark the beginning of the end for the vaping industry with independent small-scale businesses particularly predicted to be hit hard by the legislation. However, though I disagree with much of the legislation, I think that many vaping businesses are smart and strong enough to plan ahead for the changes and take them in their stride.

Despite the challenges posed by new legislation, there are still more than 2.2 million people vaping in the UK who will want to buy vaping products. Market analysts still forecast that e-cigarette sales will overtake tobacco sales within the next decade.