Scotland

There is no national law prohibiting the use of e-cigarettes in indoor public places, workplaces, or public transport.

The law prohibits advertising and promotion including in print media, internet, radio and television. There are exceptions including trade publications, direct person-to-person communications, and retail incentive programs. Additionally, the law does not prohibit outdoor advertising or advertising via direct mail.

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 grants authority to the Scottish Ministers to make regulations related to e-cigarette advertising. However, none have been made to date. 

The law does not prohibit point of sale product display of e-cigarettes; therefore, point of sale product display is allowed.

The UK Code of Broadcast Advertising (BCAP, Rule 33) and the Committee of Advertising Practice (CAP, Rule 22) address health claims by restricting advertising to factual and not medicinal health claims, unless approved as such. Health claims are permitted if supported by robust, product specific and supporting evidence or where the claim is that the product is less harmful than smoked tobacco.

The law does not prohibit sale of e-cigarettes via the internet.

The law does not prohibit flavors in e-cigarettes; therefore, flavors in e-cigarettes are allowed.

E-liquid may not contain the following additives: (1) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks; (2) caffeine, taurine or other additives, or stimulant compounds that are associated with energy and vitality; or (3) additives that have coloring effects on emissions.

In addition, e-liquid must not include ingredients (except for nicotine) which pose a risk to human health in heated or unheated form.

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 must 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.

The law prohibits e-cigarettes or refill containers with elements or features which encourage consumption by creating an erroneous impression about characteristics, health effects, risks or emissions; suggests that a particular e-cigarette or refill container is less harmful than other e-cigarettes or refill containers; has vitalizing, energizing, healing, rejuvenating, natural or organic properties; or has other health or lifestyle benefits. The law also prohibits elements or features which refer to taste, smell or other additives (except flavorings) or the absence of any such thing; resemble a food or a cosmetic product; or suggests improved biodegradability or other environmental advantages. Packaging that suggests discounts or any economic advantage is prohibited.

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

The law provides that the capacity of the tank of a refillable e-cigarette must not exceed two milliliters. Additionally, all e-liquid for retail sale must be in either a dedicated refill container in a volume not exceeding 10 milliliters; or a disposable e-cigarette, a single use cartridge, or a tank, in a volume not exceeding two milliliters.

The law requires e-cigarettes to be able to deliver a dose of nicotine at consistent levels under normal conditions of use. E-cigarettes and refill containers must be child-resistant, tamper-evident, and protected against breakage and leakage.

The law requires notification for e-cigarettes and refill containers six months before a product is placed on the market, as well as in the case of any substantial modification. Additionally, there is an annual reporting requirement for sales data and for market developments, including any evidence that their use is a gateway to nicotine addiction and ultimately traditional tobacco consumption amongst young people and non-smokers.

The law prohibits e-cigarette sales via vending machines.

The law requires that retail traders register in order to sell e-cigarettes.