Prohibited, limited or allowed: the differences in the legal framework of the electronic cigarette

Apart from the differences in the level of nicotine, these cigarettes are close to the therapeutic product vaporizer invented ten years ago in China. This means that electronic cigarettes should carry the CE mark and nicotine cartridges must be registered as a medicinal product before being placed on sale.

This method is also supported by Denmark, Hungary, Portugal, Estonia, Germany and Slovakia. In Belgium and Luxembourg if the extract contains snuff recharge it is considered a product of snuff, while if it only contains nicotine it is regulated as a drug.

In some cases, the law may turn out to be striking: in Hong Kong, for example, the sale or possession of electronic cigarettes that have nicotine load can lead to a $100,000 fine and/or imprisonment for 2 years. This is because nicotine is classified as a poison. However, the “vaporizer” without this substance itself is allowed.

“Importation, distribution, marketing and advertising or any other form of promotion of electronic nicotine delivery system called “Electronic Cigarette” is prohibited on the entire national territory, extending the ban to all kinds of accessory for the system or device, such as cartridges containing nicotine,” says the Argentina law. The same is the situation in Uruguay, Mexico, Lithuania, Australia, Brazil, Panama and Singapore.

And amid all the controversy and conflicting reports, there are also countries that currently prefer not to make any legal regulations on the new device. The absence of legislation that restricts them leas to sale, purchase and usage without control. This is the case in Cyprus, Bulgaria, Ireland, Latvia and Slovenia.

Changes insured in the EU.

And while it is not for the European Union to decide for the different member states whether or not “smoking” should be forbidden, it is its job to create a legislative framework for deciding how promote, sell and advertise the “e-cigarettes.

In fact, the 28 governments along with the European Parliament have reached a political agreement that the maximum concentration of nicotine refills is 20 milligrams per milliliter and limits the ability of 2ml refills.
In addition, probably from April next year manufacturers will be obliged to inform the authorities about whether or not their products are medicinal, with curative or preventive properties. They should include health warnings and advertising restrictions as the traditional products to snuff.