Malta

The Products and Smoking Devices (Simulating Cigarettes or Tobacco) (Control) Regulations make the provisions of the Tobacco (Smoking Control) Act and its implementing regulations applicable to e-cigarettes in so far as advertising and smoking in public places are concerned. Smoking is prohibited in all public places except in designated smoking areas in casinos and certain hotel guestrooms, on public transport, and in private vehicles in the presence of a minor (under the age of 16). Therefore, these same restrictions apply to e-cigarette use.

Advertising and promotion of e-cigarettes and refill containers is banned on TV, radio, print media, internet, and other electronic media. Note that this does not apply to publications intended exclusively for trade professions.

Further, the Products and Smoking Devices (Simulating Cigarettes or Tobacco) (Control) Regulations make the provisions of the Tobacco (Smoking Control) Act and its implementing regulations applicable to e-cigarettes in so far as advertising and smoking in public places are concerned. Therefore, restrictions on advertising and promotion such as a ban on brand marking, brand stretching, and promotions and competitions also apply to e-cigarettes.

However, some forms of promotion may not be entirely prohibited – for example, there are restrictions on product display and free distribution. As a result, the regulatory status code “Some Restrictions” is given.

The law prohibits any form of public or private contribution to radio programs with the aim or direct or indirect effect of promoting e-cigarettes and refill containers. In addition, the law prohibits any form of public or private contribution to any event, activity, or individual with the aim or direct or indirect effect of promoting e-cigarettes and refill containers if they involve or take place in several EU Member States or have cross-border effects.

The Products and Smoking Devices (Simulating Cigarettes or Tobacco) (Control) Regulations make the provisions of the Tobacco (Smoking Control) Act and its implementing regulations applicable to e-cigarettes in so far as advertising and smoking in public places are concerned. The Advertising and Promotion of Tobacco Products Regulations prohibit the display, but not the visibility, of tobacco products. These same restrictions apply to the display of e-cigarettes.

Cross-border distance sales of e-cigarettes and refill containers to consumers located in Malta are prohibited. Retailers from Malta may not engage in cross-border distance sales to consumers in EU member states where such sales are prohibited. Retailers from Malta selling to other EU member states must register with the competent authority/ies and operate an age verification system.

The law does not address the domestic sale of e-cigarettes via the internet, and therefore domestic internet sales are allowed.

The law does not prohibit the use of flavors in e-cigarettes.

The nicotine-containing liquid in e-cigarettes must not contain:
(a) vitamins or other additives that create the impression that a product has a health benefit or presents reduced health risks;
(b) caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality;
(c) additives having coloring properties for emissions;
(d) additives that facilitate inhalation or nicotine uptake; and
(e) additives that have CMR properties.

Unit packets and outside packaging of e-cigarettes and refill containers must carry the following text health warning in English and Maltese: “This product contains nicotine which is a highly addictive substance”. The health warning must cover 32% of the two largest surfaces of the unit packet and outside packaging.

Unit packets of e-cigarettes and refill containers must carry information, in English or Maltese, on: instructions for use and storage, contra-indications, warnings for specific risk groups, possible adverse effects, and addictiveness and toxicity, among other things. This information may be contained in a leaflet insert, a label affixed to the packaging, or a leaflet contained within the packaging that includes a Quick Response (QR) code containing an electronic link with to the information. Packaging must also include a list of ingredients contained in the product.

Unit packets and outside packaging of e-cigarettes and refills may not contain any health claims that create an erroneous impression about the characteristics, health effects, risks or emissions of the product, or suggest that the product is less harmful than other products.

The nicotine-containing liquid of an e-cigarette must not contain nicotine in excess of 20 mg/ml.

Nicotine-containing refill containers must not exceed a volume of 10 ml. Disposable and single use e-cigarettes cartridges must not exceed 2 ml. In addition, e-cigarettes and refill containers must be child- and tamper-proof, protected against breakage and leakage, and have a mechanism that ensures refilling without leakage. E-cigarettes must deliver nicotine at consistent doses under normal conditions of use.

Manufacturers and importers of e-cigarettes must notify the Superintendent of Public Health of their intent to place e-cigarettes and refill containers on the market or for each substantial modification of the product. The notification must include a list of all ingredients contained in the product, and emissions resulting from the use of the product, by brand name and type.

Retailers from Malta selling to other EU member states must register with the competent authority/ies.