The law allows the sale of e-cigarettes provided that they meet certain criteria, including but not limited to, device requirements, packaging requirements, and other Ministry of Labor, Health and Social Affairs requirements.
The use of e-cigarettes is prohibited where smoking is prohibited. The law prohibits smoking in "any buildings and other structures." However, the law provides several exceptions, including, but not limited to, penitentiaries, cigar bars, casinos, transit zones of airports, pre-trial detention cells, and designated areas of inpatient psychiatric facilities and palliative care facilities. The law prohibits smoking in most public transport but allows smoking on taxis and boats.
Because e-cigarettes are included within the definition of “tobacco products,” the same advertising restrictions that apply to tobacco products also apply to e-cigarettes. The law prohibits most forms of tobacco advertising with a few exceptions, including but not limited to, reverse brand stretching. The law prohibits tobacco display at point of sale that is visible from outside the shop, except in the duty-free zone at airports. Beginning in January 2021, the law will prohibit the display of tobacco products inside shops as well, again with an exception provided for duty-free zones at airports. In addition, only some forms of tobacco sponsorship are prohibited.
Although most forms of e-cigarette advertising are prohibited, the law does not specifically prohibit health claims in e-cigarette advertising. The Law on Advertising generally prohibits all “improper advertisements,” which is defined to include “unfair, unreliable, unethical, [and] misleading” advertisements.
The sale of e-cigarettes via the internet is banned.
The law does not restrict e-cigarette flavors.
The law does not require health warnings on e-cigarette product packaging. However, the law requires an “information sheet” to be placed in the packaging of e-cigarettes.
The law requires an “information sheet” to be placed in the packaging of e-cigarettes. The information sheet must include five warning, in addition to instructions on use, contact information, and ingredients. The warnings are:
- “Using this product is harmful to your health”
- “This product contains nicotine, which is a substance causing strong dependency”
- “Using this product is not recommended for youth and non-smokers”
- “This product is not a proven means for stopping smoking”
- “It is forbidden to sell this product to underage children”
In addition, the information sheet must include warnings about specific risk groups and toxicity or possible complications caused by its use (if any of these are known to the manufacturer/importer).
The law also prohibits packaging and the information sheet any false, or misleading information or information creating a false impression about the product’s properties, emissions, or harmful effects. In addition, the decree prohibits the following terms from being used in the brand name or trademark: “light”, “soft”, “less harsh”, “ultrasoft”, “lower consistency”, “extra”, “ultra”, and “menthol”. Finally, there should be no indication that e-cigarettes facilitate a “healthy lifestyle,” information likening it to food/cosmetics or describing the taste of the product, or information suggesting the product does not harm the environment.
The law does not regulate the maximum nicotine concentration of e-cigarettes.