Last updated: December 5, 2023
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to restrictions including packaging requirements, product notification, and a minimum sales age.
Use in indoor public places, workplaces, and public transport
The use of e-cigarettes is prohibited in places where smoking is prohibited. The law permits designated smoking areas in indoor public places, indoor workplaces, and most means of public transport. Therefore, the regulatory status code “Some Restrictions” is given.
Advertising and promotion (excluding point of sale product display)
The law bans advertising and promotion of e-cigarettes and refill containers (1) in periodicals; (2) within the information society's services (internet); and (3) in audio radio broadcasts, television broadcasts, or subscription TV covered by the Radio and Television Act. In addition, the Radio and Television Act prohibits e-cigarette product placement in television broadcasts and in on-demand television. Therefore, the regulatory status code "Some Restrictions" is given.
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 prohibit 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 prohibits e-liquid which contains:
-vitamins or other additives that give the impression that an electronic cigarette or refill container entails a health benefit or reduced health risks;
-caffeine, taurine, or other additives, or stimulating substances associated with energy and vitality;
-additives that dye emissions; and
-additives that are carcinogenic, mutagenic, or that cause reproductive toxicity in non-combusted form.
Health warnings on product packaging
The law requires each unit packet and any container pack of an e-cigarette or refill container to include the following health warning: "This product contains nicotine, which is a highly addictive substance". The health warning should cover 30% of front and back surfaces; appear in black Helvetica Bold type on a white background; be printed in a font size that ensures the text occupies the greatest possible proportion of the surface area reserved for it; and be placed at the center of the surface area reserved for it.
Other product packaging and labeling requirements
Packaging may not (1) suggest that a given e-cigarette or refill container is less harmful than other such products; (2) contain information on the content of tar or carbon monoxide in the product; (3) resemble a foodstuff or a cosmetic product; (4) suggest that a given product has environmental benefits; or (5) refer to flavor or additives, except when it comes to flavor additives.
Packaging may not suggest economic benefits by including printed coupons, discount offers, free distribution, two items for the price of one, or similar offers.
Packaging must come with a declaration of contents and include a leaflet with (1) instructions for use and storage of the product with mention that the product is not recommended for adolescents and non-smokers; (2) contraindications; (3) warnings addressing specific risk groups; (4) potential harmful effects; (5) addictive properties and toxicity; and (6) contact information for the manufacturer or the importer and a legal entity or natural contact person within the European Union.
Maximum nicotine concentration
The maximum content of nicotine in e-liquid must not exceed 20 mg/ml.
The law imposes a number of requirements on e-cigarette devices and refill containers, including:
- The volume of a refill container may not exceed 10 milliliters;
- The volume of a unit cartridge may not exceed 2 milliliters; and
- Refill containers must be child-proof and tamper-proof.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufacturers and importers of e-cigarettes and refill containers to register their products with the Public Health Agency six months before being placed on the market, as well as in the case of any substantial modification or product removal.
Additionally, manufacturers and importers must report annually information on sales data and market developments, including information on preferences in various consumer groups, including young people and non-smokers.