Last updated: October 31, 2024
Main Policies
Sale of e-cigarettes
The sale of e-cigarettes is allowed, subject to the same regulations as other tobacco products. The definition of “tobacco products” includes e-cigarettes.
Use in indoor public places, workplaces, and public transport
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products.
The law prohibits smoking in public places, workplaces, and public transport. “Smoking” is defined as “the act of holding or using a lit tobacco product.” Although the definition of “tobacco products” specifically includes e-cigarettes, e-cigarettes are not “lit.” Therefore, it is uncertain whether the law prohibits the use e-cigarettes in indoor public places, workplaces, and public transport. The procedures for the implementation of the smoke-free provisions of the law are to be contained in forthcoming regulations, which may resolve this uncertainty.
Advertising and promotion (excluding point of sale product display)
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products. The law contains a comprehensive ban on tobacco advertising and promotions. Therefore, advertising and promotion of e-cigarettes is banned.
Sponsorship
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products. The law contains a comprehensive ban on tobacco sponsorship. Therefore, sponsorship of e-cigarettes is banned.
Point of sale product display
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products. The display of tobacco, tobacco products, and any other outside packaging is prohibited at point of sale. Therefore, the display of e-cigarettes and their packaging is prohibited at point of sale.
Sale of e-cigarettes via the internet
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products. The law prohibits the sale of tobacco products via the internet. Therefore, the sale of e-cigarettes via the internet is prohibited.
Flavors (other than tobacco flavor)
The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.
Specified ingredients/additives
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
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products.
Currently, a single text warning (“Abuse is dangerous to health”) must be printed on one lateral side of tobacco product packaging.
However, as of December 18, 2024, Order No. 848-2024, which implements Law No. 2019-676, will require that a combined picture/text warning occupy 70% of the front and back surfaces of tobacco product packaging. Therefore, e-cigarettes must carry this same warning as of December 18, 2024. Because these requirements are not yet in effect, the regulatory status code "Not Required" is given.
Other product packaging and labeling requirements
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products.
Tobacco product packaging - including e-cigarettes - may not contain misleading terms, signs, figures, or descriptors, and may not contain quantitative information regarding levels of tar, nicotine, or any other component or emission. Further, as of December 18, 2024, plain packaging for all tobacco products - including e-cigarettes - will be required.
Maximum nicotine concentration
There is no law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.
Device requirements
The law does not address device requirements for e-cigarettes.
Manufacturer/importer disclosures and/or notification requirements
Law No. 2019-676 includes e-cigarettes in the definition of “tobacco products” and Decree No. 2022-75 explicitly makes the sale of e-cigarettes subject to the same regulations as other tobacco products.
The law requires manufacturers and importers of tobacco products to make annual disclosures to the Ministry of Health on “all information relating to the quality, quantity, composition and emissions of tobacco products.” Because e-cigarettes are included in the definition of “tobacco products,” these disclosures are also required of manufacturers and importers of e-cigarettes.
