Last updated: July 29, 2022

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The sale of e-cigarettes is allowed subject to restrictions including location-based sales restrictions, restrictions on vending machine sales, product notification and a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Banned
Analysis

The law prohibits the use of e-cigarettes in all indoor public places and workplaces, as well as in all “vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory.”

Advertising and promotion (excluding point of sale product display)

Some Restrictions
Analysis

The law generally prohibits the advertising and promotion of e-cigarettes. However, there are exceptions for direct industry communication with vendors and adult consumers, and for adult-only venues that do not have smoke free space.

Point of sale product display

Banned
Analysis

Under Directive DM-JM-3274-2018, the Minister of Health ordered that display cabinets be covered so that tobacco products and derivatives (including e-cigarettes) are not visible at points of sale. Originally, under the Tobacco Control Law and Regulations, display was limited to "shelves located at cash registers at points of sale within establishments, in such a way that they are not directly accessible to the end consumer.” With the order to cover display cabinets, point of sale product display is prohibited.

Health claims in advertising (modified risk claims)

Not Applicable

Sale of e-cigarettes via the internet

Allowed
Analysis

The sale of e-cigarettes via the internet is allowed with adult (at least 18 years old) age verification.

Flavors

Allowed
Analysis

While the law does not prohibit specific ingredients or additives, it authorizes the Ministry of Health, in accordance with objective scientific criteria and international standards, to prohibit ingredients or additives which increase the total inherent toxicity and addiction to the products.

Specified ingredients/additives

Allowed
Analysis

While the law does not prohibit specific ingredients or additives, it authorizes the Ministry of Health, in accordance with objective scientific criteria and international standards, to prohibit ingredients or additives which increase the total inherent toxicity and addiction to the products.

Health warnings on product packaging

Required
Analysis

Pictorial health warnings must occupy 50% of the two principal display areas (front and back) of tobacco product packages, placed on the lower portion of the pack. Health warnings are established for each annual rotation period by the Ministry of Health. Warnings must be distributed proportionately, use prescribed colors, not be obstructed, be placed so that they are not damaged by opening, and appear on primary and secondary packaging.

Other product packaging and labeling requirements

Required
Analysis

A text warning about the contents of tobacco and their emissions must appear on 100% of one of the lateral faces of the primary packaging. The law also prohibits misleading packaging or labelling, including the use of any terms that may lead the public to suppose that one tobacco product is less harmful than another in terms of its content, risks, or emissions. This includes terms such as: "low in tar," "Light," "Ultralight," "Mild," "extra," and "ultra."

Maximum nicotine concentration

Not Required
Analysis

There is no law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.

Device requirements

Not Required
Analysis

There is no law addressing device requirements for e-cigarettes.

Manufacturer/importer disclosures and/or notification requirements

Required
Analysis

The law requires manufacturers and importers to submit an annual notification to the Ministry of Health containing information about ingredients, emissions, and methods of analysis, as well as the methods of analysis. Modifications or reformulations will require additional notifications.

Location-based sales restrictions

Banned
Analysis

The law prohibits the sale of e-cigarettes in educational, government, healthcare, cultural, or athletic facilities, and recreation or amusement centers for minors.

Sale of e-cigarettes via vending machines

Banned