Last updated: July 20, 2022

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Gavel
Expand to view related litigation
Analysis

The law allows the sale of “smoking products,” which, by definition, includes e-cigarettes subject to restrictions, including notification requirements, a ban on vending machine sales, and a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Gavel
Expand to view related litigation
Analysis

The law prohibits the use of “smoking products,” which, by definition, includes e-cigarettes in specified indoor public places and workplaces, including government offices, hospitals, childcare facilities and preschools, and primary and secondary schools. The law permits designated smoking rooms in other indoor public places and indoor workplaces, such as malls, restaurants, bars, pubs, and nightclubs.

Advertising and promotion (excluding point of sale product display)

Some Restrictions
Gavel
Expand to view related litigation
Analysis

The law generally prohibits advertising and promotion of “smoking products,” which, by definition, includes e-cigarettes. However, there are exceptions to the ban. These include limited forms of advertising in certain printed newspapers, which will be eliminated on April 1, 2029. There are several transitional measures in place until that date, including increasing the area of the required announcement about the dangers of smoking, prohibiting a smoking product from being represented as preferable to another type of smoking product, and requiring that any package shown in the advertisement be in uniform (plain) packaging. Additional advertising exceptions include, art, news, or documentary/investigative articles which were not made with the purpose of promotion; art for promotion which was displayed prior to the 2019 amendment of the law; certain advertisements for products with similar names that existed prior to 2001; or a written advertisement delivered to an adult provided that this has been requested in advance and in writing.

Further, any advertisements permitted under the law must include a warning in a prominent place occupying 30% of the advertisement; the warning must appear in the same language as the advertisement and be placed on a white background with a black frame. The advertisement must contain the following message “Warning – this product is highly addictive and damaging to your health”. In a newspaper, this must generally be placed adjacent to the advertisement.

Additionally, no advertisement for a smoking product may display an illustration of an animal, fruit, plant or an animation on the product packaging.

Point of sale product display

Some Restrictions
Gavel
Expand to view related litigation
Analysis

The law generally prohibits point of sale product display for “smoking products,” which, by definition, includes e-cigarettes. However, there are exceptions for specialized shops that contain smoking products - or smoking products and alcohol - where the products are not visible from the shop exterior; and a shop with a separate section for smoking products, not visible from other parts of the shop.

Sale of e-cigarettes via the internet

Some Restrictions
Gavel
Expand to view related litigation
Analysis

The law allows the sale of “smoking products” via the internet, which, by definition, includes e-cigarettes, but only the following information may be displayed online: name of the product, country of production, price, components and quantity in the product, and nicotine concentration.

Sale of e-cigarettes via vending machines

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits the sale of “smoking products” via vending machines, which, by definition, includes e-cigarettes.

Flavors (other than tobacco flavor)

Allowed
Analysis

The law does not regulate contents and ingredients. Therefore, the use of flavorings is allowed.

Specified ingredients/additives

Not Regulated
Analysis

The law does not regulate specific ingredients or additives.

Health warnings on product packaging

Required
Gavel
Expand to view related litigation
Analysis

The law requires text-only health warnings for e-cigarette products. The health warnings must cover 30% of each of the two principal display areas and any external packaging. The required health warning for any electronic cigarette, cartridge, or filling matter is: “Warning – this product is highly addictive and damaging to your health”. The warning must appear in black letters on a white background in a black frame.

Other product packaging and labeling requirements

Required
Gavel
Expand to view related litigation
Analysis

The law requires plain packaging of “smoking products,” which, by definition, includes e-cigarettes. Packaging must be the color Pantone 448C and can include only a health warning, brand name, and manufacturer/importer name. This information must be printed on the bottom of the package, in a specified font, in Pantone Cool Gray 2C, and the font size cannot exceed 14 points.

Additionally, packaging must contain a leaflet with a message about the damage caused by harmfulness of smoking and e-cigarette use, a message for help with quitting, and a reference to smoking cessation treatment.

Maximum nicotine concentration

Required
Gavel
Expand to view related litigation
Analysis

The law prohibits the sale of e-cigarettes with nicotine levels of higher than 20mg/ml.

Device requirements

Required
Gavel
Expand to view related litigation
Analysis

The law requires e-cigarettes to be sold in packages intended to prevent its opening by children, breakage or leakage.

Manufacturer/importer disclosures and/or notification requirements

Required
Gavel
Expand to view related litigation
Analysis

The law requires manufacturers and importers to submit annual reports to the Ministry of Health for each product. These include reports listing all advertising expenses the previous year, and a report listing ingredients, quantities, purpose, emissions, toxicological information, and effect on human health. Except for trade secrets, this information is publicly disclosed.