LEGAL STATUS: By Country

Legal history of electronic cigarettes

Because of the relative novelty of electronic cigarettes and the possible relationship to tobacco laws and medical drug policies, electronic cigarettes legislation and public health investigations are currently pending in many countries.

European Union

Because of this vague EU position on electronic cigarettes, member countries in the European Economic Area currently have varying rules. The EU Directive 2001/95/EC(6) on general product safety states that ‘it is for each national authority to decide, account being taken of all the characteristics of the product, whether it falls within the definition of a medicinal product by its function or presentation.

The European Economic Area

Denmark:

The Danish Medicines Agency classifies electronic cigarettes containing nicotine as medicinal products. Thus, authorization is required before the electronic cigarettes may be marketed and sold, and no such authorization has currently been given. The agency has clarified, however, that electronic cigarettes that do not administer nicotine to the user, and are not otherwise used for the prevention or treatment of disease, are not considered medicinal devices.

Finland:

The National Supervisory Authority of Welfare and Health (Valvira) declared that the new tobacco marketing ban (effective 1.1.2012) will also cover electronic cigarettes, resulting in that Finnish stores or webstores can’t advertise ecig because they might look like regular cigarettes. In theory, ecig with nicotine-free cartridges may still be sold, as long as their images and prices are not visible. Ordering from abroad remains allowed. Sale of nicotine cartridges is currently prohibited, as nicotine is considered a prescription drug requiring an authorization that such cartridges do not yet have. However, the Finnish authorities have decided that nicotine cartridges containing less than 10 mg nicotine, and e-liquid containing less than 0,42 g nicotine per bottle, may be legally brought in from other countries for private use. If the nicotine content is higher, a prescription from a Finnish physician is required. From a country within the European Economic Area a maximum of one year’s supply may be brought in for private use when returning to Finland, while three months’ supply may be brought in from outside the EEA. Mail order deliveries from EEA countries, for a maximum of three months’ supply, are also allowed.

Latvia:

Ecig are legal, and are sold in most shopping centers and at Riga’s airport, as well as via the internet to individuals at least 18 years old.

Netherlands:

Use and sale of electronic cigarettes is allowed, but advertising is forbidden pending European Union legislation.

Norway:

Electronic cigarettes and nicotine can only be imported from other EEA member states (e.g. the UK) for private use.

United States

Individual states have differing legal treatment of electronic cigarettes.

On 22 September 2009, under the authorization of the Family Smoking Prevention and Tobacco Control Act, the FDA banned flavored tobacco (with the notable exception of menthol cigarettes) due to its potential appeal to children. Wagner says that the use of flavorings such as chocolate could encourage childhood use and serve as a gateway to cigarette smoking.

The Food and Drug Administration (FDA) classified electronic cigarettes as drug delivery devices and subject to regulation under the Food, Drug, and Cosmetic Act (FDCA) prior to importation to and sale in the United States. The classification was challenged in court, and overruled in January 2010 by Federal District Court Judge Richard J. Leon, citing that “the devices should be regulated as tobacco products rather than drug or medical products.”Judge Leon ordered the FDA to stop blocking the importation of electronic cigarettes from China and indicated that the devices should be regulated as tobacco products rather than drug or medical devices.

On 7 December 2010, the appeals court ruled against the FDA in a 3–0 unanimous decision, ruling the FDA can only regulate electronic cigarettes as tobacco products, and thus cannot block their import. The judges ruled that such devices would only be subject to drug legislation if they are marketed for therapeutic use – Ecig manufacturers had successfully proven that their products were targeted at smokers and not at those seeking to quit. The District of Columbia Circuit appeals court declined to review the decision blocking the products from FDA regulation as medical devices on 24 January 2011.

• California Governor Arnold Schwarzenegger vetoed a bill that would ban the sale of electronic cigarettes within the state on grounds that “if adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so.”
• In 2009, New Jersey voted to treat the electronic cigarette in the same category as tobacco products by including under the New Jersey Smoke Free Air Act. Assemblywoman Connie Wagner sponsored the legislation arguing that they “looked like the real thing”; she also objected to the potential appeal of flavored electric cigarettes to children.
• The sale of electronic cigarettes is legal for over 18 yrs old
• Arizona has a planned ban of selling electronic cigarettes to minors.
• In Washington, the King County board of health has banned smoking of electronic cigarettes in public places, and prohibited sales to minors.
• Neighboring Pierce County also prohibits sales to minors, but allows ecig use in places such as bars and workplaces.

India

Under laws currently in existence, the use of electronic cigarettes are considered legal. Under the Indian Health Law of 2006 smoking has beened banned in public. This law states that smoking of tobacco in any form, whether in the form of cigarettes, cigar, beedi or otherwise with the aid of a pipe, wrapper or any other instruments is illegal. As e cigarettes avoids the use of tobacco or any of its products it does not fall under this law and as all the contents of an electronic cigarettes are legal to use in public the ecig is considered legal to use until new laws have been passed.

Australia:

The Federal Department of Health and Ageing classifies every form of nicotine, except for replacement therapies and cigarettes, as a form of poison. However, in the state of Victoria, the Therapeutic Goods Administration said there were no laws preventing the importation of ecig bought over the internet for personal use, unless prohibited by state and territory legislation.

Brazil:

The sale, importation and advertisement of any kind of electronic cigarettes are forbidden. The Brazilian health and sanitation federal agency, Anvisa, found the current health safety assessments about ecig not to be yet satisfactory to make the product eligible to be approved for commercialization.

Canada:

As of March 2009, the import, sale, and advertising of electronic cigarettes containing nicotine are banned in Canada, while non-nicotine ecig are legal and may be sold and advertised. Health Canada advised Canadian consumers not to purchase or use any electronic smoking products, cited prohibition of electronic smoking products containing nicotine in the Food and Drugs Act; no market authorization has been granted for any electronic smoking product.

China:

The sale and use of electronic cigarettes are legal.

Finland:

The National Supervisory Authority of Welfare and Health (Valvira) declared that the new tobacco marketing ban (effective 1.1.2012) will also cover electronic cigarettes. In practice, Finnish webstores can’t sell or advertise ecig because they (or some of them) look like regular cigarettes. People are still allowed to order electronic cigarettes products from abroad, although any ecig that contain nicotine can only be bought from within European Economic Area (EEA) as a quantity that equals three months of personal use.

Lebanon:

The council of ministers has banned the sale and use of electronic cigarettes starting 21 September 2011.

New Zealand:

The Ministry of Health has ruled that the electronic cigarettes falls under the requirements of the Medicines Act, and cannot be sold except as a registered medicine. Since the ruling, Ruyan has obtained registration, and sale is currently allowed in pharmacies.

Panama:

Importation, distribution and sale have been prohibited since June 2009. The Ministry of Health cites the FDA findings as their reason for the ban.

Singapore:

The sale and import of electronic cigarettes, even for personal consumption, is illegal. According to Health Minister Khaw Boon Wan, electronic cigarettes were the industry’s attempt to attract new users and were marketed to appeal to younger customers, including women.

South Korea:

The sale and use of electronic cigarettes are legal, but heavily taxed.

Switzerland:

Sale of nicotine-free electronic cigarettes is legal. Use and import of electronic cigarettes containing nicotine is legal, though they cannot be sold in Switzerland. Electronic cigarettes are taxed in the same way as tobacco products.