LANGUAGE
Last updated: July 21st 2021

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, location-based sales restrictions, 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 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.)

Advertising, promotion and sponsorship

Some Restrictions
Analysis

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.

Law Source, Section
Sections 2, 12-20

Point of sale product display

Some Restrictions
Analysis

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.

Law Source, Section

Health claims in advertising (modified risk claims)

Not Applicable
Analysis

The law prohibits advertising and promotion of e-cigarettes; therefore, there can be no health claims in advertising.

Law Source, Section
Sections 2, 12-20

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

Required
Analysis

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.

Law Source, Section
Sections 2, 5, Schedule 2

Other product packaging and labeling requirements

Required
Analysis

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.

Law Source, Section

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.

Location-based sales restrictions

Banned
Analysis

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.

Law Source, Section

Vending machine sales

Banned
Analysis

The law prohibits the sale of cigarette products (which includes e-cigarettes) in vending machines.

Law Source, Section