Policy Summary: 

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.

The Tobacco Act contains a requirement to notify the Health Board prior to introducing a product to the market and notification requires compliance with a range of product specifications including on pack warnings. Manufacturers must also submit an annual report as specified in the law. Cross-border distance sale of e-cigarettes is prohibited.

Sale of e-cigarettes to, on behalf of, or by minors (under 18 years) is prohibited, as is possession and use of e-cigarettes by minors.

Nicotine content of e-liquid must be less than or equal to 20mg/mL. Single use e-cigarettes as well as e-cigarette tanks must not exceed 2mL, and volume of refill bottles must not exceed 10mL. E-liquid should not contain certain additives, and only high quality ingredients should be used in their manufacture. Except for nicotine, only ingredients that do not pose a risk to human health in heated or unheated form can be used in the nicotine-containing e-liquid. E-cigarettes must be able to deliver a dose of nicotine at a consistent level under normal conditions of use. The use of flavors, with the exception of tobacco and menthol are banned.

E-cigarettes and refill containers should be child- and tamper-proof, protected against breakage and leakage, and have a mechanism that ensures filling without leakage. Product packaging must contain health warnings and constituent information as specified in the law. Pack should contain a leaflet that includes, in addition to other things specified by law, a reference that the product is not recommended for use by nonsmokers. The warning “See toode sisaldab nikotiini, mis on kergesti sõltuvust tekitav aine.” (“This product contains nicotine which is a highly addictive substance.”) must appear on 30% of the corresponding external surface of the packaging of nicotine-containing pre-filled e-cigarettes and refill containers; must be in black Helvetica bold font on a white background; text must occupy the greatest possible proportion of the area reserved for it.

Advertising/promotion of e-cigarettes is banned by the Tobacco Act and by the Advertising Act (as products related to Tobacco). There are restrictions on sponsorship related to e-cigarettes. Use of e-cigarettes is prohibited in certain public places (e.g. on premises of children’s social welfare institutions, as well as pre-school, basic institutions, basic schools, vocational institutions, hobby schools, open youth centers or permanent youth camps and youth project camps and their designated territories).

Regulatory Mechanisms: 
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