Action to protect human health
40.—(1) This regulation applies where the Secretary of State has reasonable grounds to believe that an electronic cigarette or refill container, or a type of electronic cigarette or refill container, could present a serious risk to human health.
(2) The Secretary of State may take appropriate provisional measures to address the risk to human health.
(3) The measures that the Secretary of State may take include, but are not limited to—
(a)prohibiting the supply of the electronic cigarette or refill container, or the type of electronic cigarette or refill container;
(b)requiring each supplier of the electronic cigarette or refill container, or the type of electronic cigarette or refill container, to recall the product.
(4) The Secretary of State may take appropriate follow-up measures to implement any conclusions of the European Commission in relation to the matter.
(5) Any producer or supplier of a product that is the subject of a provisional measure or a follow-up measure must comply with the measure insofar as it applies to that producer or supplier.