Last updated: December 5, 2023

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The sale of e-cigarettes is allowed subject to restrictions including packaging requirements, product notification, and a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Analysis

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)

Some Restrictions
Analysis

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.

Sponsorship

Some Restrictions
Analysis

The law prohibits sponsorship promoting e-cigarettes or refill containers if there are cross-border effects. Further, manufacturers, wholesalers, and importers of e-cigarettes may not sponsor national events or activities accessible by the public if the sponsorship promotes the sale of e-cigarettes or refill containers. The law does not expressly prohibit publicity of sponsorship. However, to the extent that some advertising is still allowed, the publicity of sponsorship would also be allowed.

The law also prohibits sponsoring radio and television programs. The law does not restrict sponsorship of individuals, organizations, governments, or private events.

Point of sale product display

Allowed
Analysis

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

Allowed
Analysis

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)

Allowed
Analysis

The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

Specified ingredients/additives

Regulated
Analysis

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

Required
Analysis

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

Required
Analysis

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

Required
Analysis

The maximum content of nicotine in e-liquid must not exceed 20 mg/ml.

Device requirements

Required
Analysis

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

Required
Analysis

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.

Specific retail license or equivalent approval

Required
Analysis

The law requires retail traders to register to sell e-cigarettes and refill containers.

Sale of e-cigarettes via vending machines

Allowed
Analysis

The law allows the sale of e-cigarettes and refill containers via vending machines.