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 the display of tobacco products (defined to include e-cigarettes) inside shops, with an exception provided for duty-free zones at airports. As a result of this exception, the regulatory status code “Some Restrictions” is given.
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 address ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.
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.
The law charges the government with issuing regulations to restrict the tank or refill container volume, but no such regulations have been enacted to date.
The law requires e-cigarette manufacturers and/or importers to provide information to the Minister of Labor, Health and Social Affairs about the product ingredients (in particular, the list of ingredients, amount, and weight) no later than three months prior to placing the products on the market. This information must be resubmitted in the event of any change.
For any new products, the law requires notification three months prior to placing the products on the market. This notification must include a detailed description of these goods and instructions for use as well as information about the ingredients of these tobacco products and emitted substances.