PART 6Electronic cigarettes

Action to protect human health40

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.