The sale of e-cigarettes is allowed subject to several restrictions including a minimum sales age, location-based sales restrictions, and restrictions on vending machines sales.
The law prohibits the use of e-cigarettes in places where smoking is prohibited because the Tobacco Control Act 2016 defines “smoking” to include the use of “cigarette products,” which includes e-cigarettes.
The law prohibits smoking in all enclosed workplaces, enclosed public places, and public conveyances without exception. It also prohibits smoking “on the parts of buildings and land ancillary” to healthcare facilities, residential care facilities, educational facilities, daycare facilities and preschools, and public transportation terminals. (There are a few exceptions for specific premises set out in Tobacco Control (Schedule 1 Amendment) Regulations 2016, but these are interpreted as applying to the ancillary land and not the buildings. Therefore, the regulatory status code “Banned” is given for use in indoor public places, indoor workplaces, and public transport.)
Section 14 prohibits all advertisements of “cigarette products” (which includes e-cigarettes) that depict a product, packaging, or brand. Section 12 contains a broad description of what constitutes an advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a cigarette product or use.
The law prohibits displaying a cigarette product “in a promotion that is used in the sponsorship of a person, team, event or activity.” This provision is interpreted as prohibiting most publicity of sponsorship but not the underlying contribution.
Because of these exceptions to sponsorship restrictions, the regulatory status code “Some Restrictions” is given.
The law prohibits retailers from displaying “cigarette products” (which includes e-cigarettes) in a retail shop by means of a countertop display, in any manner that allows the purchaser to handle the product before purchasing it, or within three meters of confectionary, snacks, toys, and other items that may reasonably appeal to minors.
The law prohibits advertising and promotion of e-cigarettes; therefore, there can be no health claims in advertising.
The law does not address the sale of e-cigarettes through the internet; therefore, the sale of e-cigarettes through the internet is allowed.
The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.
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.
The law requires that health warnings must be placed on all e-cigarette packaging. One of ten text health warnings must cover 30% of the two principal display surface areas (front and back) and be placed on the lower half of each package. The content of the warnings is specific to cigarettes and smoking.
The law does not specify format and appears to allow manufacturers to choose any one of the ten text-only warnings. It also does not require equal distribution of the warnings, rotation of the warnings, or specify how frequently the Minister of Health must update the set of health warnings.
The law prohibits false, misleading, or deceptive information on the packaging of cigarette products (which includes e-cigarettes), including the use of terms, descriptors, trademarks, or figurative or other signs that directly or indirectly create a false impression about the product’s characteristics or health effects. The law also prohibits the same to suggest or imply that the product is less harmful than other tobacco products.
The law does not address nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.
The law does not address device requirements for e-cigarettes.
The law does not address manufacturer/importer disclosure and/or notification requirements; therefore, no manufacturer/importer disclosure and/or notification is required.
The law prohibits the sale of cigarette products (which includes e-cigarettes) in health care facilities, educational facilities, day care facilities and preschools, and government buildings.
The law prohibits the sale of cigarette products (which includes e-cigarettes) in vending machines.