LANGUAGE
Last updated: December 14th 2020

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The sale of e-cigarettes is allowed subject to several restrictions including a minimum sales age and restrictions on vending machines sales.


Main policies

Use in indoor public places, workplaces, and public transport

Banned
Analysis

The law prohibits the use of e-cigarettes in places where smoking is prohibited because the Health Services (Smoking) Regulations define "smoke" to include the use of e-cigarettes.

The law prohibits smoking and e-cigarette use in indoor public places, workplaces, and public transport. The definition of “public place” is understood to encompass workplaces and public transport because it includes any “place . . . building . . . work place or other structure that is fully or substantially enclosed”; the definition of “substantially enclosed” includes structures that are “covered by a permanent or temporary roof or covering” and have “doors, windows or openings in the walls or other erections.”

Law Source, Section

Advertising, promotion and sponsorship

Some Restrictions
Analysis

The law prohibits any advertisement, broadcast, or publication which markets or promotes the use of e-cigarettes as a safe alternative to smoking tobacco products. Additionally, the law prohibits any advertising or promotion of the use of e-cigarettes by minors, or the use of a minor in an advertisement or a promotion of the use of e-cigarettes.

The following statement is required on permitted forms of e-cigarette advertising: “The use of electronic smoking devices should not be regarded as a safe alternative to smoking tobacco products.”

Law Source, Section

Point of sale product display

Some Restrictions
Analysis

The law prohibits point of sale display of e-cigarettes by means of self-service merchandising. “Self-service merchandising” is defined as the open display of products to which the customer has direct access without the intervention of the retailer. Therefore, the regulatory status code “Some Restrictions” is given.

Health claims in advertising (modified risk claims)

Some Restrictions
Analysis

The law prohibits any advertisement, broadcast, or publication which markets or promotes the use of e-cigarettes as a safe alternative to smoking tobacco products.

Law Source, Section

Specified ingredients/additives

Allowed
Analysis

The law does not address ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

Health warnings on product packaging

Not Required
Analysis

The law does not address health warnings on e-cigarette product packaging; therefore, health warnings on e-cigarette packaging are not required.

Other product packaging and labeling requirements

Not Required
Analysis

The law does not address other product packaging and labeling requirements.

Maximum nicotine concentration

Not Required
Analysis

The law does not address nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.

Device requirements

Not Required
Analysis

The law does not address device requirements for e-cigarettes.

Manufacturer/importer disclosures and/or notification requirements

Not Required
Analysis

The law does not address manufacturer/importer disclosure and/or notification requirements; therefore, no manufacturer/importer disclosure and/or notification is required.

Vending machine sales

Some Restrictions
Analysis

The law prohibits the sale of e-cigarettes through an “automatic sales machine” but provides an exception for vending machines under the control of a business. Therefore, the regulatory status code “Some Restrictions” is given.

Products that resemble e-cigarettes

Banned
Analysis

The law prohibits the importation, manufacture, sale, display for sale, supply, and distribution of any sweets, snacks, toys, or other items or objects that imitate e-cigarettes.