Last updated: August 17, 2021

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

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.

Main policies

Use in indoor public places, workplaces, and public transport

Banned
Analysis

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)

Some Restrictions
Analysis

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.

Point of sale product display

Allowed
Analysis

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.

Sale of e-cigarettes via the internet

Banned
Analysis

The law prohibits the sale of e-cigarettes through the internet.

Flavors (other than tobacco flavor)

Allowed
Analysis

The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

Specified ingredients/additives

Not Regulated
Analysis

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

Required
Analysis

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

Required
Analysis

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

Not Required
Analysis

There is no law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.

Device requirements

Required
Analysis

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

Required
Analysis

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.