Country Laws Regulation E-cigarettes: A Policy Scan

Austria

E-cigarettes can be classified as medicines if they are marketed with medicinal claims and thus regulated under the Austrian Medicinal Products Act, or as tobacco related products and regulated by the

Azerbaijan

E-cigarettes are regulated as tobacco products. There are restrictions on use in public places.

Barbados

The Health Service Amendment Bill 2017, which classifies e-cigarettes as electronic smoking devices, extends the prohibition on smoking to e-cigarettes.

Belgium

The Royal Decree on the Manufacture and Marketing of Electronic Cigarettes contains a requirement to notify the Ministry of Health prior to introducing a product to the market and notification requires compliance with a range of product specificat

Brazil

Classified as tobacco products. A resolution prohibits the sale, advertisement, distribution and importation of e-cigarettes. As tobacco products, their use in public places and public transportation is prohibited by a resolution.

Bulgaria

E-cigarettes are regulated by Decree 89 (to Promulgate the Law on Amending and Supplementing the Law on Tobacco and Tobacco Products), which contains a requirement to notify the Ministry of Economy prior to introducing a product to the market and

Cambodia

Classified as e-cigarettes by a circular which bans their sale, importation and use.

Canada

E-cigarettes (regardless of nicotine content) are regulated as vaping products under the Tobacco and Vaping Products Act (TVPA).

Croatia

E-cigarettes are regulated by the Law restricting the use of tobacco and related products of May 10, 2017, which contains a requirement to notify the Ministry of Health prior to introducing a product to the market.

Cyprus

Nicotine-containing e-cigarettes are regulated by the Law on Health protection (Tobacco Control Law) of 2017 and the Health Protection (Tobacco Control) Regulations of 2017, which require specific notification and reporting obligations on manufact

Czech Republic

Decree No. 37/2017 regulates e-cigarettes that contain nicotine.

Denmark

E-cigarettes will be regulated as medicinal products under the Danish Medicines Act if they are marketed as products for the prevention or treatment of diseases, e.g. nicotine dependence and cessation.

El Salvador

Classified as electronic cigarettes. Use in prohibited in public places where tobacco products and tobacco derivatives are banned.

England

E-cigarettes may be brought to market either as medicines or as consumer products. Those seeking medicines approval undergo the standard licensing process.

Estonia

E-cigarettes are classified as tobacco related products and regulated by the Tobacco Act 2016. E-cigarettes may also be classified/brought to the market as medicinal products and thus be regulated by the Medical Devices Act.

Fiji

A tobacco control (amendment) decree applies to both nicotine-containing and non-nicotine e-cigarettes. E-cigarettes cannot be sold to minors (under 18 years), advertised or used in public transportation and certain enclosed public places.

Finland

E-cigarettes are classified as tobacco related products (non-nicotine single use e-cigarettes are classified as tobacco substitutes) and regulated by the Tobacco Act 2016. Nicotine products (i.e.

France

E-cigarettes maybe be brought to market either as medicines or as consumer products.

Georgia

Nicotine-containing e-cigarettes or similar nicotine-delivery devices are classified and regulated as tobacco products in accordance with the Law of Georgia on Tobacco Control.

Germany

Nicotine-containing e-cigarettes are classified as tobacco related products and regulated by the Federal Government law on the Implementation of the Tobacco Products Directive and Related Products 2016 and by the ordinance on

Greece

Non-nicotine electronic cigarettes are classified as tobacco consumer products and as such, their distribution is forbidden in according with Law 3730/2008 (Government Gazette 262 A 23/12/2008) which requires prior approval by the minister of heal

Ireland

Non-nicotine e-cigarettes are regulated as consumer products, while nicotine-containing e-cigarettes and refill containers are regulated by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S

Israel

The Pharmacist Regulations (Conditions for Manufacturing, Importing and Marketing of Electronic Cigarettes, Cartridge and Fillers) 1972-2019 prohibits the manufacture, importation and sale of e-cigarettes with nicotine concentration exceeding 20mg

Italy

E-cigarettes are classified as tobacco related products and regulated by a legislative decree.

Jordan

Jordan recently allowed the sale of e-cigarettes. Further details will be posted when available.

Kuwait

The sale and marketing of e-cigarettes is banned in accordance with a decision by health ministers of gulf countries.*

 

*Personal communication with in-country experts and/or Ministry of Health representatives

Lao People's Democratic Republic

A notice (No. 1297/PMO) dated 13 August 2018 and issued by the office of the Prime Minister, prohibits the import, distribution, sale, and consumption of e-cigarettes. 

Latvia

E-cigarettes are described as “electronic smoking devices”.

Lebanon

A decision bans the importation and trading of all types of e-cigarettes and orders the withdrawal of all e-cigarettes from the Lebanese market.

Lithuania

E-cigarettes are classified as tobacco related products and regulated by the Tobacco, Tobacco Products and Related Products Control Law 2016.

Luxembourg

E-cigarettes are regulated by the Law of 13 June 2017 transposing the Directive 2014/40/EU, amending the amended law of 11 August 2006 on tobacco control.

Malta

The manufacture, presentation and sale of e-cigarettes are regulated by the Subsidiary Legislation 315.10, Manufacture, Presentation and Sale of Tobacco and Related Products Regulations, enacted under the Tobacco (Smoking Control) Act (CAP 315 of

Moldova

Non-nicotine e-cigarettes are considered as consumer products in theory.* Nicotine-containing e-cigarettes are regulated by Law No. 278 on Tobacco Control (with amendments).

Nepal

The Tobacco Product Control and Regulatory Directive, 2014 bans the sale (including single unit sale), advertising, promotion and sponsorship, importation, manufacture, as well as distribution and use of e-cigarettes in public places and transport

Netherlands

Nicotine-containing and non-nicotine e-cigarettes and e-liquids are regulated under the amended Tobacco and Smoking Commodities Act (and delegated legislation: the Tobacco and Smoking Commodities Decree and the Tobacco and Smoking Commodities Orde

Northern Ireland

E-cigarettes may be brought to market either as medicines or as consumer products. Those seeking medicines approval undergo the standard licensing process.

Norway

E-cigarettes can be classified either as medicinal products or as tobacco surrogates.

Oman

A decision by the Public Authority for Consumer Protection bans the sale and marketing of e-cigarettes and electronic shisha.

Paraguay

Law no. 5538/2015 classifies e-cigarettes as tobacco products. The regulation restricts use of e-cigarettes in certain public places. Decree no. 4694 stipulates a 16% tax on e-cigarettes.

Poland

Although e-cigarettes are considered to be a sui generis category of products, they are regulated by the Anti-Tobacco Act (Ustawa o ochronie zdrowia przed następstwami używania tytoniu i wyrobów tytoniowych) of 1995 as subsequently amende

Portugal

Nicotine-containing e-cigarettes (like all tobacco products) are regulated by Law no 37/2007 of 14th August, with language provided in Law no 108/2015 of 26th August.

Qatar

A circular strictly prohibits the sale, distribution and advertising of e-cigarettes in pharmacies; another circular strictly prohibits their importation into the country.

Romania

E-cigarettes are classified as tobacco related products and regulated by Law no. 201/2016 (establishing the conditions for manufacture, presentation and sale of tobacco products and related products and amending Law no.

Saudi Arabia

Supreme Decree No.

Scotland

E-cigarettes may be brought to market either as medicines or as consumer products. Those seeking medicines approval undergo the standard licensing process.

Serbia

The law on advertising (Official Gazette of RS, No. 6/2016) provides restrictions in advertising, promotion and sponsorship related to e-cigarettes, e-liquids and e-cigarette components.

Slovakia

E-cigarettes are regulated by the Act of 25 November 2015 (No. 89/2016) on the Manufacture and Labeling of Tobacco Products and related Products and Amending Certain Acts, which classifies them as tobacco related products.

Slovenia

E-cigarettes are regulated by the Restriction on the Use of Tobacco or Tobacco-related Products Act (OUTP), which classifies them as tobacco related products.

Spain

E-cigarettes are defined as “devices capable of releasing nicotine” and regulated by Royal decree 579/2017.

Sri Lanka

The sale, manufacture or importation of e-cigarettes that contain tobacco is prohibited in accordance with the Prohibited Tobacco Products Regulations No. 1 of 2016.

Suriname

The Tobacco Law prohibits the importation, distribution and sale of electronic cigarettes.

Sweden

The Swedish Act on tobacco (1993:581) and the Act on e-cigarettes (2017:425) on electronic cigarettes and refill containers were merged and replaced by the Act (2018:2088) on tobacco and similar products.

Switzerland

An Administrative Court decision from 24 April 2018 authorized the sale of e-cigarettes containing nicotine, provided that they meet the technical requirements of an EU or EEA country and are legally marketed in one of these countries.

Syrian Arab Republic

The manufacture, handling, sale, purchase and use of e-cigarettes are banned under the Ministry of Local Administration Circular No. 12/16 Dated November 29, 2009.

Tajikistan

E-cigarettes are classified as tobacco products according to the Law on Limiting the Use of Tobacco Products.

Thailand

E-cigarettes are prohibited under several regulatory mechanisms. The Medicine Act prohibits manufacturing, sale and importation of modern medicinal products.

Timor-Leste

Decree-Law no. 14/2016 of June 8 prohibits the sale, importation or advertisement of e-cigarettes and related accessories. Smoking, which includes use of e-cigarettes, in certain public places is prohibited.

Turkey

Ministry of Health issued a circular (not available online) indicating that the sale and importation of e-cigarettes and related devices are banned.* However, other legislation seem inconsistent with this statement.

Turkmenistan

The 2013 Tobacco Control Law defines "electronic cigarettes" as an electronic decice to simulate smoking by generating steam, which may contain nicotine, having the form of the cigarette and when inhaled, gives the taste sensation of real tobacco

Ukraine

A law classifies these products as e-cigarettes and prohibits their use in public spaces/transport, with the exception of designated areas.

 

United Arab Emirates

UAE recently allowed the sale of e-cigarettes. Further details will be posted when available.

Wales

E-cigarettes may be brought to market either as medicines or as consumer products. Those seeking medicines approval undergo the standard licensing process.