Last updated: December 3, 2021

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The sale of e-cigarettes is allowed subject to restrictions including a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Allowed
Analysis

There is no national law prohibiting the use of e-cigarettes in indoor public places, workplaces, or public transport.

Advertising and promotion (excluding point of sale product display)

Some Restrictions
Analysis

The law prohibits advertising and promotion including in print media, internet, radio and television. There are exceptions including trade publications, direct person-to-person communications, and retail incentive programs. Additionally, the law does not prohibit outdoor advertising or advertising via direct mail.

Point of sale product display

Allowed
Analysis

The law does not prohibit point of sale product display of e-cigarettes; therefore, point of sale product display is allowed.

Health claims in advertising (modified risk claims)

Some Restrictions
Analysis

The law prohibits e-cigarettes or refill containers with elements or features which encourages consumption by creating an erroneous impression about characteristics, health effects, risks or emissions; suggests that a particular electronic cigarette or refill container is less harmful than other electronic cigarettes or refill containers; has vitalizing, energizing, healing, rejuvenating, natural or organic properties; or has other health or lifestyle benefits.

The UK Code of Broadcast Advertising (BCAP, Rule 33) and the Committee of Advertising Practice (CAP, Rule 22) also address health claims by restricting advertising to factual and not medicinal health claims, unless approved as such. Health claims are permitted if supported by robust, product specific and supporting evidence or where the claim is that the product is less harmful than smoked tobacco.

Sale of e-cigarettes via the internet

Allowed
Analysis

The law does not prohibit sale of e-cigarettes via the internet.

Flavors (other than tobacco flavor)

Allowed
Analysis

The law does not prohibit flavors in e-cigarettes; therefore, flavors in e-cigarettes are allowed.

Specified ingredients/additives

Regulated
Analysis

E-liquid may not contain the following additives: (1) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks; (2) caffeine, taurine or other additives, or stimulant compounds that are associated with energy and vitality; or (3) additives that have coloring effects on emissions.

E-liquid must not include ingredients (except for nicotine) which pose a risk to human health in heated or unheated form.

Health warnings on product packaging

Required
Analysis

The law requires each unit packet and any container pack of an e-cigarette or refill container to include the following health warning: “This product contains nicotine, which is a highly addictive substance”. The health warning should cover 30% of front and back surfaces; appear in black Helvetica Bold type on a white background; be printed in a font size that ensures the text occupies the greatest possible proportion of the surface area reserved for it; and be placed at the center of the surface area reserved for it.

Other product packaging and labeling requirements

Required
Analysis

The law prohibits e-cigarettes or refill containers with elements or features which encourage consumption by creating an erroneous impression about characteristics, health effects, risks or emissions; suggests that a particular electronic cigarette or refill container is less harmful than other electronic cigarettes or refill containers; has vitalizing, energizing, healing, rejuvenating, natural or organic properties; or has other health or lifestyle benefits. The law also prohibits elements or features which refer to taste, smell or other additives (except flavorings) or the absence of any such thing; resemble a food or a cosmetic product; or suggests improved biodegradability or other environmental advantages. Packaging that suggests discounts or any economic advantage is prohibited.

Maximum nicotine concentration

Required
Analysis

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

Device requirements

Required
Analysis

The law provides that the capacity of the tank of a refillable e-cigarette must not exceed two milliliters. Additionally, all e-liquid for retail sale must be in either a dedicated refill container in a volume not exceeding 10 milliliters; or a disposable e-cigarette, a single use cartridge, or a tank, in a volume not exceeding two milliliters.

The law requires e-cigarettes to be able to deliver a dose of nicotine at consistent levels under normal conditions of use. E-cigarettes and refill containers must be child-resistant, tamper-evident, and protected against breakage and leakage.

Manufacturer/importer disclosures and/or notification requirements

Required
Analysis

The law requires notification for e-cigarettes and refill containers six months before a product is placed on the market, as well as in the case of any substantial modification. Additionally, there is an annual reporting requirement for sales data and for market developments, including any evidence that their use is a gateway to nicotine addiction and ultimately traditional tobacco consumption amongst young people and non-smokers.