Last updated: August 17, 2021
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to provisions including product registration, location-based sales restrictions, a minimum sales age, and a prohibition on any sales which are not direct and face-to-face.
Use in indoor public places, workplaces, and public transport
The law prohibits the use of e-cigarettes in indoor public places, workplaces, and public transport. Instead, the law expressly permits their use only in “open spaces.” Additionally, the law requires notices to be posted in these places indicating that the use of e-cigarettes is prohibited and that they are “harmful to health.”
Advertising and promotion (excluding point of sale product display)
Advertising and promotion of e-cigarettes and e-liquids is banned except for inside of authorized stores and points of sale. Retailers of these authorized sites must place clear, visible, and prominent signs indicating cost, prohibition of sale to minors, and health warnings. Advertising and promotion in these designated places must contain established health warnings and may not contain certain images such as minors, family environment, sports, sexual intercourse, or promoting the idea that use will result in the promotion of health benefits, wellbeing, or social, economic, political, or cultural advancement.
In addition, the free distribution of e-cigarettes is prohibited.
The law prohibits all forms of tobacco (including e-cigarette) advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Sponsorship of tobacco and e-cigarette products is defined as “any form of contribution to any action, activity, or individual with the purpose, effect, or possible effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, the law is interpreted as prohibiting all tobacco industry sponsorship of events, activities, individuals, organizations, and governments.
Point of sale product display
Neither the law nor the implementing decree addresses point of sale product display. Therefore, the law is interpreted as allowing tobacco product display at the point of sale.
Health claims in advertising (modified risk claims)
The law specifically prohibits any implicit or explicit statements about benefits or efficacy of the products as an aid to stop smoking; their harmlessness or non-addictive nature; or their safety or addictiveness compared with other tobacco products and similar products. In addition, the law prohibits any advertising or promotion which promotes the idea that e-cigarette use will result in the promotion of health benefits.
The law also prohibits the use of descriptive terms or elements, trademarks, device marks, or other marks that have the direct or indirect effect of creating the false impression that the advertised e-cigarette products are less harmful than others with respect to their content, risks, or emissions. It also prohibits the use of misleading expressions such as “light”, “ultra-light”, or “mild.”
Sale of e-cigarettes via the internet
The law prohibits the sale of e-cigarettes through the internet.
The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.
The law does not address specified ingredients/additives in e-cigarettes; therefore, the use of specified ingredients/additives in e-cigarettes is allowed.
Health warnings on product packaging
The law requires all labels, containers, and cases of e-cigarettes and e-liquids to include text health warnings in accordance with text to be established by the Ministry of Public Health and Social Welfare. These must be printed directly on the product and visible at all times, including when displayed at points of sale. However, the resolution containing this requirement does not specify the size, content, or rotation (if any) requirements of the health warning labels.
Other product packaging and labeling requirements
The law requires that packaging and labeling include the product name, ingredients by percentage, date manufactured, expiration date, and information on proper use and storage. If the package size is too small for information on storage and use, the package must indicate that there is an attached leaflet containing this information.
The law prohibits the use of descriptive terms or elements, trademarks, device marks, or other marks that have the direct or indirect effect of creating the false impression that the e-cigarettes are less harmful than other products in terms of content, risks, or emissions. The law also prohibits the use of expressions such as “light”, “ultra-light”, or “mild” on primary and secondary packaging of e-cigarettes.
Maximum nicotine concentration
There is no law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.
The law requires that e-cigarettes and refill containers and cartridges have a safety mechanism to prevent their handling and use by minors. Additionally, these must be protected against breakage and fluid leaks.
Manufacturer/importer disclosures and/or notification requirements
The law requires that all products placed on the market be registered with DGVS [General Directorate of Health Surveillance] and be in compliance with all requirements established by the DGVS.
Specific retail license
The law requires that establishments or points of sale may only sell e-cigarettes if authorized by DGVS [General Directorate of Health Surveillance].
Sale of e-cigarettes via vending machines
The law requires that all e-cigarette sales only be carried out in person and directly; therefore, vending machine sales are prohibited.