Last updated: February 5, 2021
Sale of e-cigarettes
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.
Use in indoor public places, workplaces, and public transport
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
Advertising and promotion (excluding point of sale product display)
The law prohibits all forms of e-cigarette advertising and promotion.
The law prohibits all forms of e-cigarette sponsorship.
Point of sale product display
The law specifically prohibits all e-cigarette advertising, promotion and sponsorship. The Second Schedule provides examples of prohibited forms of tobacco product and e-cigarette advertising, promotion and sponsorship, and specifically includes "commercial display ... at retail and vending machine sales." Therefore, e-cigarette product display at points of sale is prohibited.
Sale of e-cigarettes via the internet
The law prohibits the sale of e-cigarettes over the internet or by any other means where the retailer and purchaser are not in the same physical location.
The law grants authority to the Ministry of Public Health to regulate contents (including flavors) of e-cigarettes. However, the Ministry of Public Health has not issued such regulations; therefore, flavors of e-cigarettes are not currently regulated.
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
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.
Other product packaging and labeling requirements
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
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.
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
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
Sales of e-cigarettes are prohibited in healthcare, athletic, educational, and government facilities.
Sale of e-cigarettes via vending machines
The law prohibits the sale of e-cigarettes through vending machines.