Last updated: September 29, 2022
Sale of e-cigarettes
The retail sales of e-cigarettes are allowed subject to restrictions including notification and licensing requirements; a ban on vending machine sales; and a minimum sales age.
Use in indoor public places, workplaces, and public transport
The law restricts the use of related products, which includes e-cigarettes, to designated rooms exclusively for the use of tobacco or related products. Such rooms may not exceed more than 20% of the total surface area and must meet other technical requirements. There are a small number of places where designated rooms are not allowed, including the indoor and outdoor areas of educational facilities and most healthcare facilities.
Advertising and promotion (excluding point of sale product display)
The law prohibits virtually all forms of direct and indirect advertising and promotion of related products, which includes e-cigarettes.
While the law prohibits donations to and sponsorship of any event, activity, or individual with the aim, effect, or potential effect of promoting related products, which includes e-cigarettes, it does not appear to prohibit donations to organizations or governments.
Point of sale product display
The law bans point of sale product display of related products, which includes e-cigarettes.
Sale of e-cigarettes via the internet
The law prohibits the sale of related products, which includes e-cigarettes, through the internet.
Flavors (other than tobacco flavor)
The law does not regulate specific flavors in e-cigarettes.
The law prohibits a number of additives in e-liquids:
- vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks;
- caffeine or taurine or other additives and stimulant compounds associated with energy and vitality;
- additives having coloring properties for emissions; and
- additives that have CMR properties in unburnt form.
In addition, the law requires that only ingredients of high purity are used in the manufacture of the nicotine-containing liquid and that, other than nicotine, only ingredients that pose no risk to human health in heated or unheated forms are used in the nicotine-containing liquid.
Health warnings on product packaging
The law requires that unit packets and any outside packaging of e-cigarettes and refill containers carry the following health warning: “This product contains nicotine, which is a highly addictive substance. It is not recommended for use by non-smokers.” The warning and information message must be printed in black Helvetica bold type on white background at the center of the two largest surfaces of the unit packet and any outside packaging, covering 30% of the surfaces.
Other product packaging and labeling requirements
The law requires that packaging of e-cigarettes and refill containers include a list of ingredients, an indication of nicotine content and delivery per dose, the batch number, and a recommendation to keep the product out of reach of children. The law also requires that packaging includes a leaflet, which includes the following: instructions for use (including a reference that the product is not recommended for use by young people or non-smokers), contra-indications, warnings for specific risk groups, possible adverse effects, addictiveness and toxicity, and manufacturer/importer contact details.
The law prohibits packaging and labeling which includes elements or features that create “an erroneous impression about its characteristics, health effects, risks or emissions” or suggests that a particular tobacco product “is less harmful than others” or “has other health or lifestyle benefits.”
Maximum nicotine concentration
The law provides that e-liquid must not contain nicotine in excess of 20 mg/ml.
The law prohibits any nicotine-containing liquid from being placed on the market other than in dedicated refill containers with a volume of 10 ml or less. Cartridges or tanks in disposable e-cigarettes or single use cartridges must have a volume of 2 ml or less. Additionally, e-cigarettes and refill containers must be child- and tamper-proof, protected against unauthorized activities, breakage and leakage, and have a mechanism that ensures refilling without leakage.
The law also requires that e-cigarettes deliver nicotine doses at consistent levels, in accordance with the manufacturer’s instructions.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufacturers and importers of e-cigarettes and refill containers to submit an official notification six months before a product is placed on the market or for any modification. The notification must contain information including all ingredients, toxicological data, information on nicotine doses and uptake, and a description of the product components.
Specific retail license or equivalent approval
The law requires a retail license for the sale of related products, which includes e-cigarettes.
Sale of e-cigarettes via vending machine
The law prohibits the sale of related products, which includes e-cigarettes, via vending machines.