Denmark

The law prohibits the use of e-cigarettes in children’s institutes, schools, day-care centers, taxis, and public transportation facilities, including passenger ships and passenger planes.

The law permits management to allow the use of e-cigarettes in designated areas or within private rooms of 24-hour care centers that serve as homes for youth under the age of 18 years, provided that the use is not within school hours. Also, the ban on e-cigarette use on passenger ships does not apply to areas used solely by the crew or in areas designated for use.

For other workplaces and places where the public has access, the manager or employer must prepare a written policy on whether e-cigarettes may be used and said policy must be made available to users, staff and visitors. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits all direct and indirect public advertising and promotion of e-cigarettes and refill containers. The public is defined as “all citizens of the country, with the exception of persons involved commercially in the production, import or sale of e-cigarettes and refill containers.”

The law also prohibits individual and outer packaging of e-cigarettes and retail containers from containing features which give the impression of financial advantages by containing printed coupons offering discounts, free samples, disbursement, two for one offers, or other similar offers. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits financial, or other sponsorship, of media production, activities or events, individual people and the like with the aim, or direct or indirect effect, of promoting the sale of e-cigarettes and refill containers.

The law prohibits the visible placement and presentation of e-cigarettes and retail containers at points of sale, including on the internet. Lists of the products and prices may be provided to buyers upon request. The point of sale prohibition does not apply to shops specializing in the sale of e-cigarettes and refill containers. Therefore, the regulatory status code “Some Restrictions” is given.

The law permits cross-border internet sales but requires retailers to register with the Danish Safety Technology Authority and to operate an age verification system.

The law prohibits the sale of e-cigarettes or refill containers with a distinctive flavor other than menthol or tobacco. The law also prohibits the sale of equipment intended to be used with e-cigarettes and that makes it possible to change its aroma or taste.

The law prohibits the sale of nicotine-containing liquid which has:

• Vitamins or other additives that give the impression of an e-cigarette or refill container having a health benefit or limited health risk;
• Caffeine or taurine or other additives associated with energy and vitality;
• Additives whose emissions have coloring characteristics;
• Additives that facilitate inhalation or nicotine absorption; and
• Additives that have carcinogenic, mutagenic or reprotoxic (CMR) properties in an unburned state.

The law requires that each individual package and any outer packaging of e-cigarettes and refill containers contain a text-only health warning on at least 30% of the two largest surfaces (i.e., front and back). The warning must state in Danish: "This product contains nicotine, which is a highly addictive substance."

The law requires plain packaging of e-cigarettes and refill containers. Inner surfaces and outer packaging must be the color matte Pantone 448C. The trademark and product name must be in Pantone Cool Gray 2C and the font (Helvetica) size cannot exceed 10 points.

The law also prohibits packaging of e-cigarettes and refill containers that, in any way, including through text, symbols, names, brands, figures or other signs:

1. Gives the impression that a particular e- cigarette is less harmful than other e- cigarettes;
2. Give the impression that an e-cigarette is intended to reduce the effect of specific harmful components in the vapor or have revitalizing, energy giving, healing, rejuvenating, natural, ecological properties, or other positive health and lifestyle effects;
3. Makes the e- cigarette or refill container resemble a foodstuff or et cosmetic product; or
4. Gives the impression a particular e-cigarette or refill container has an enhanced biological degradability or other environmental advantages.

Additionally, each individual package of e-cigarettes and refill containers must contain information on:

1. The use and storage of the product, including that it is not recommended for use by young people and non-smokers;
2. Contraindications;
3. Warnings address to specific risk groups;
4. Possible harmful effects;
5. Addictive properties and toxicity; and
6. Contact details for manufacturer or importer and a responsible legal or physical person in the EU.

The law prohibits the sale of nicotine-containing liquid with nicotine levels higher than 20mg/ml.

The law imposes a number of requirements on e-cigarettes and/or refill containers, including:

• E-cigarettes must deliver nicotine doses in constant volumes when used;
• E-cigarettes and refill containers must be childproof, tamper proof, and secure against liquid leakage;
• The volume of a refill container may not exceed 10 ml; or
• The volume of the tank of an e-cigarette or single-use cartridge may not exceed 2 ml.

The law also establishes certain requirements with respect to refill mechanisms. Refill mechanisms must use securely attached nozzles at least 9 mm long which are narrower than and fits easily into the opening of the tank of the e-cigarette. The flow mechanism must emit no more than 20 drops of refill liquid per minute when placed vertically and subjected to an atmospheric pressure alone at 20°C ± 5°C. Alternately, the refill mechanism may operate by means of a docking system which only releases refill liquids into the tank of the e-cigarette when the e-cigarette and refill container are connected.

The law requires manufacturers and importers of e-cigarettes or refill containers to submit a declaration the Danish Safety Technology Authority at least six months before a product is placed on the market, and manufacturers and importers must ensure that the e-cigarettes and refill containers are of satisfactory quality, composition and safety.

Also, any party wishing to manufacture, store or market e-cigarettes or refill containers must register with the Danish Safety Technology Authority.

Manufacturers and importers must also annually submit, no later than April 1^st of each year, information on the previous year sales volume, consumer group preferences, sales channels and any relevant summaries of market research to the Danish Safety Technology Authority.

The law prohibits the sale of e-cigarettes and refill containers in schools, boarding schools, continuing schools, or educational settings.

The law requires that those who engage in cross-border sales of e-cigarettes and refill containers in Denmark or another EU/EEA country to register with the Danish Safety Technology Authority. Marketing of e-cigarettes and refill containers may only take place once registration with the Authority is confirmed. Therefore, the regulatory status code “Some Restrictions” is given.