Last updated: December 15, 2021
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to restrictions such as location-based sales restrictions.
Use in indoor public places, workplaces, and public transport
The regulations prohibit using or holding a lit or electronic tobacco product (defined to include e-cigarettes) in all indoor public places, indoor workplaces, and on public transport.
Advertising and promotion (excluding point of sale product display)
While the law does not address e-cigarette advertising and promotion specifically, there are some restrictions on advertising generally. The Advertisements Regulation Act places restrictions on where advertisements may be placed. Advertisements, such as posters and “hoardings” (billboards), are prohibited on walls, trees, poles, and fences except for in or on one’s own premises so long as the advertisement relates to the business or trade carried on or in those premises.
Point of sale product display
The law does not address the display of e-cigarettes at points of sale. Therefore, the law is interpreted as allowing point of sale product display.
Sale of e-cigarettes via the internet
The law does not address the sale of e-cigarettes through the internet; therefore, the sale of e-cigarettes through the internet is allowed.
Flavors (other than tobacco flavor)
The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.
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.
Health warnings on product packaging
The law prohibits the sale of any tobacco product (which is defined to include e-cigarettes) without health warnings. Health warnings are required to be displayed in accordance with the standards specified in the First Schedule. However, no warnings have been prescribed for e-cigarettes; instead, the First Schedule contains only warnings for smoked and smokeless tobacco products. Therefore, the regulatory status code “Not Required” is given.
Other product packaging and labeling requirements
The Consumer Protection Act prohibits generally all misleading and deceptive conduct in the course of trade or business. This includes conduct that is “likely to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose or quantity of goods or services.”
In addition, the Public Health (Tobacco Control) Regulations, 2013 prohibit the use on tobacco product (which is defined to include e-cigarettes) packaging and labeling of any item that may suggest or imply that “use [of the product] or exposure to its smoke or emissions is not hazardous or is less hazardous than that of other tobacco products or any similar product.” This includes a prohibition of terms such as “light,” “ultra light,” “mild,” and similar words, whether or not it is part of the brand name. It also covers any graphics, numbers, other package design characteristics, and any other sign that may be misleading or create a false impression.
Maximum nicotine concentration
The law does not address nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.
The law does not address device requirements for e-cigarettes.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufacturers, importers, and exporters of tobacco products (which is defined to include e-cigarettes) to make annual disclosures to the Minister of Health with respect to business information, distribution, and sales. In addition, the Minister may request disclosure of design features and laboratory reports.
It is uncertain under what circumstances a manufacturer would be required to disclose contents and ingredients. The relevant law states “where a manufacturer is required to provide information on the ingredients used in the manufacture of tobacco and tobacco products to the Minister…”, and this implies that the Minister has the authority to require this disclosure. However, it is unclear under what circumstances this would take place.
The law prohibits the sale of tobacco products (which is defined to include e-cigarettes) in government, educational, sports, and healthcare facilities.