Last updated: July 29, 2023
Main Policies
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to provisions including a minimum sales age; a prohibition on any sales which are not direct and face-to-face (vending, internet, and mail sales); a prohibition on sales of loose e-cigarette liquid cartridges; packaging requirements; restrictions on additives; and manufacturing, importing and distribution license requirements.
Use in indoor public places, workplaces, and public transport
The law prohibits the use of e-cigarettes in all places where smoking tobacco products is prohibited, namely, in indoor public places, workplaces, public transport, and specified outdoor places.
Advertising and promotion (excluding point of sale product display)
The law generally bans advertising and promotion tobacco products (defined to include e-cigarettes). However, the law does not explicitly prohibit retailer incentive programs or address unpaid depiction of tobacco use or tobacco products in media. Therefore, the regulatory status “Some Restrictions” is given.
Sponsorship
The sponsorship of tobacco products (defined to include e-cigarettes) is banned for any “sporting, cultural, artistic recreational, educational or entertainment programme, event or activity.” However, the law is silent regarding e-cigarette sponsorship of individuals and organizations; therefore, this may be allowed. Therefore, the regulatory status “Some Restrictions” is given.
Point of sale product display
The law prohibits self-service product displays of tobacco products (defined to include e-cigarettes), i.e., displays where the customer can handle the product before paying for it. However, visibility and display behind the counter is allowed.
Sale of e-cigarettes via the internet
The law prohibits the sale of tobacco products (defined to include e-cigarettes) via the internet.
Flavors (other than tobacco flavor)
The law prohibits the manufacture, import, distribution, or offer for sale of tobacco products (defined to include e-cigarettes) that have a characterizing flavor.
Specified ingredients/additives
The law prohibits the manufacture, import, distribution, or offer for sale of tobacco products (defined to include e-cigarettes) that contain additives that facilitate nicotine uptake.
Health warnings on product packaging
Packages of tobacco products (defined to include e-cigarettes) must contain combined picture/text warnings that occupy 90% of the principal display areas of the package (70% for the picture and 20% for the text). However, although the Schedule in the Tobacco and Nicotine Control Act contains health warnings for smoked and smokeless tobacco products, it does not contain specific warnings for e-cigarettes. Regulations should be issued with specific e-cigarette warnings.
Other product packaging and labeling requirements
The law prohibits the promotion of tobacco products (defined to include e-cigarettes) by false, misleading or deceptive means, or in a manner that is likely to create an erroneous impression about the characteristics, health effects, health hazards or social effects of the products or its emissions. This is interpreted to include a prohibition on misleading packaging and labeling.
Maximum nicotine concentration
The law authorizes the regulation of maximum nicotine concentration in tobacco products (defined to include e-cigarettes). However, such regulations have not yet been issued.
Device requirements
The law prohibits the sale of loose e-cigarette liquid cartridges.
Manufacturer/importer disclosures and/or notification requirements
The law authorizes the regulation of disclosure and notification requirements for tobacco products (defined to include e-cigarettes). However, such regulations have not yet been issued.
