LANGUAGE
Last updated: February 5th 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 2017 defines “smoking” to include the use of e-cigarettes. Smoking, and therefore the use of e-cigarettes, is prohibited in all indoor public places, workplaces, and public transport, as well as several outdoor places specified in the law

Law Source, Section

Advertising, promotion and sponsorship

Banned
Analysis

The law prohibits all forms of e-cigarette advertising, promotion and sponsorship.

Point of sale product display

Banned
Analysis

The law prohibits all forms of e-cigarette advertising, promotion and sponsorship. In addition, the law specifically prohibits the display of any e-cigarette advertising, promotion or sponsorship, including e-cigarette display at retail points of sale.

Law Source, Section
Secs. 19(1), 19(2)(c), 19(10); Second Schedule, Secs. 1(p), 2

Health claims in advertising (modified risk claims)

Not Applicable
Analysis

The law prohibits all forms of e-cigarette advertising, promotion and sponsorship. Therefore, there can be no health claims in advertising.

Specified ingredients/additives

Allowed
Analysis

The law grants authority to the Ministry of Public Health to regulate ingredients and additives of e-cigarettes. However, the Ministry of Public Health has not issued such regulations; therefore, ingredients and additives of e-cigarettes are not currently regulated.

Health warnings on product packaging

Not Required
Analysis

The law authorizes the Ministry of Public Health to issue regulations on the packaging and labeling of e-cigarettes, including requirements for the display of health warnings, and to issue electronic samples of health warnings and any other information required. However, the Ministry of Public Health has not issued such regulations; therefore, health warnings on product packaging for e-cigarettes are not currently regulated.

Law Source, Section

Other product packaging and labeling requirements

Required
Analysis

The law prohibits including any statement on e-cigarette packaging or labeling that relates to tobacco or health, health warnings, or other health information unless that statement has been prescribed by law.

In addition, the law sets out requirements for information to be included in packaging and labeling. This information includes a description of the components contained in the package, whether the components are sold separately, including the number or grams of nicotine-containing units or refill units.

Maximum nicotine concentration

Not Required
Analysis

The law grants authority to the Ministry of Public Health to regulate contents and ingredients of e-cigarettes. However, the Ministry of Public Health has not issued such regulations; therefore, there is currently no maximum prescribed nicotine concentration.

Device requirements

Not Required
Analysis

The law does not address device requirements, such as limits on tank or refill container volume, for e-cigarettes.

Manufacturer/importer disclosures and/or notification requirements

Required
Analysis

The law requires periodic reports containing financial, sales, and related information. The law does not require manufacturers or importers of cigarettes to disclose to government authorities information on the contents and/or ingredients used in the manufacture of their e-cigarettes. However, the law grants the authority to the Minister of Public Health to require such disclosures.

The law also requires all e-cigarette manufacturers, importers, and distributors to submit samples of their product packages to the Ministry of Public Health at least three months before these products are placed on the market for the first time.

Location-based sales restrictions

Banned
Analysis

Sales of e-cigarettes are prohibited in healthcare, athletic, educational, and government facilities.

Sale of e-cigarettes via vending machine

Banned
Analysis

The law prohibits the sale of e-cigarettes through vending machines.