Luxembourg

Policy Summary: 

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. The definition of e-cigarettes includes both nicotine-containing and non-nicotine e-cigarettes.

Manufacturers and importers of e-cigarettes are required to notify the Directorate of Health (Ministry of Health) prior to introducing a product to the market (and notification requires compliance with a range of product specifications. Manufacturers and importers must also submit an annual report as specified in the law. A tax fee of 5000 euros applies to all new e-cigarette products intended to be sold at market.

Sale to minors (under 18 years) is prohibited.

The following restrictions are placed on e-liquids: Nicotine content 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. The following additives are prohibited from e-liquids: vitamins or anything that may create the impression that an e-cigarette product has a health benefit or presents reduced health risks; caffeine, taurine, or other stimulant compounds that are associated with energy or vitality are also prohibited. Any additives that add coloring, alter the properties of emissions, or facilitate the inhalation or nicotine uptake are prohibited. 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; any additives that have carcinogenic, mutagenic or reprotoxic properties (CMR substances) in unburnt form are also prohibited. E-liquids must also be manufacturered using only high quality ingredients. E-cigarettes must be able to deliver a dose of nicotine at a consistent level under normal conditions of use.

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. 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 young people and nonsmokers, a recommendation to keep the product out of the reach of children, and information on nicotine content and flavorings. The French and German warnings “La nicotine contenue dans ce produit crée une forte dépendance. Son utilisation par les non-fumeurs n’est pas recommandée. (French version) Dieses Produkt enthält Nikotin: einen Stoff, der sehr stark abhängig macht. Es wird nicht für den Gebrauch durch Nichtraucher empfohlen. (German version)” (“This product contains nicotine which is a highly addictive substance. It is not recommended for use by non-smokers.” must appear on 32% of each of the two biggest surfaces of the unit packaging and any other packaging; must be in black Helvetica bold font on a white background; text must be centralized, occupy the greatest possible proportion of the area reserved for it, and be parallel to the main text on the surface reserved for the warning. There are provisions that restrict the use of the packaging for advertisement or promotional purposes (e.g. pack must not contain misleading elements, including elements suggesting therapeutic, health or lifestyle benefits).

There are restrictions on e-cigarette advertisement and promotion; sponsorship is prohibited.

Use of e-cigarettes is prohibited in certain public places (including playgrounds, sports venues with children below 16 years, hospitals and medical facilities, educational institutions, cinemas, museums, public buildings, etc.) and on public transportation, as well as in vehicles where a child under 12 years is present.

 

Product Classifications: 
Regulatory Mechanisms: 

Law of June 13, 2017 Transposing Directive 2014/40/EU; Repealing Directive 2001/37/EC; and Amending the Act of August 11, 2006 on Tobacco Control (http://www.webcitation.org/query?url=https%3A%2F%2Fwww.tobaccocontrollaws.org%2Ffiles%2Flive%2FLuxembourg%2FLuxembourg%2520-%25202017%2520Law%2520Transposing%2520EU%2520TPD%2520-%2520national.pdf&date=2018-06-12)

WHO Region: 
EURO