How Are the Countries and Regions That Banned E-Cigarettes Doing Now?

E-cigarettes, as an emerging tobacco alternative, are heavily influenced by regulatory policies during their development. Therefore, the regulatory situation for e-cigarettes varies across different countries and regions, leading to different circumstances for e-cigarettes worldwide.

Globally, there are mainly two regulatory approaches to e-cigarettes: treating them as tobacco products or as medical products. Regardless of whether they are classified as tobacco or medical products, the regulatory intensity is quite strong. Currently, most Western countries, which are the main markets for e-cigarettes, regulate them as either tobacco or medical products, while countries in Asia and Africa are in a regulatory void, similar to consumer product regulation.
 
In China, the regulation of e-cigarettes is almost non-existent; they are neither classified as drugs or medical devices, nor have they been formally categorized as tobacco. Although a mandatory national standard for e-cigarettes has been approved and is expected to be officially released by October 2019, it remains in a regulatory void. However, referencing the regulatory standards of mature e-cigarette markets in North America and Europe, it is likely that future regulations will define e-cigarette production, sales, and use based on nicotine content.

Regulatory Status of E-cigarettes in Various Countries

Based on the classification of e-cigarettes and whether their sale and use are prohibited, the regulatory approaches can be divided into five categories: regulation as tobacco products, regulation as medical products, regulation as ordinary consumer products, prohibition of sale, and prohibition of both sale and use. Among the countries or regions that have issued e-cigarette regulations, the majority treat e-cigarettes as tobacco products or prohibit the sale of nicotine-containing e-cigarettes. In major tobacco-consuming countries, both China and Russia classify them as ordinary consumer products without additional regulatory laws, while the United States and some EU countries regulate them as tobacco products, and Indonesia and Japan prohibit the sale of nicotine-containing e-cigarettes.
 
The U.S. Food and Drug Administration (FDA) has implemented comprehensive and detailed regulatory policies for vapor-type e-cigarettes, with very strict enforcement; Japan regulates vapor-type e-cigarettes (VAPE) and heated non-combustion (HNB) products separately, with very strict regulations on vapor-type e-cigarettes, prohibiting the addition of nicotine to liquids without permission. Import, sale, manufacture, and advertising of nicotine-containing vapor-type e-cigarettes require application and corresponding permits, and currently, there are no approved nicotine vapor e-cigarettes in the Japanese market, while non-nicotine vapor-type e-cigarettes are not regulated.

The EU TPD includes all nicotine-containing products under e-cigarette management, requiring new tobacco product manufacturers to report to relevant authorities before their products enter the market and submit annual reports on sales and other situations. It mandates that the nicotine content in e-cigarette liquids must not exceed 20mg/ml, the capacity of e-liquid cartridges must not exceed 2ml, and refill bottles must not exceed 10ml, with product packaging requiring child-proof labels, tamper-proof and leak-proof features, and health warnings, while prohibiting advertising and promotional uses.

The e-cigarette markets in parts of South America, the Middle East, and Asia remain closed: countries like Brazil, Argentina, Iran, Saudi Arabia, Singapore, and Thailand have very strict regulations on new tobacco products, prohibiting the sale, distribution, and import of e-cigarette products.
 
Countries and Regions That Prohibit E-cigarette Sales

According to the UK Daily Mail, the countries and regions on the e-cigarette ban list include India, the Philippines, Lebanon, Cambodia, Vietnam, Argentina, Austria, Belgium, Egypt, Thailand, Brazil, Singapore, Canada, New Zealand, Japan, and Hong Kong, China. Some of these countries and regions have a complete ban, while others have partial or conditional bans. Additionally, the penalties for violating regulations vary by country and region. For example, in the Philippines, smoking e-cigarettes in public places can lead to a maximum of four months in prison, while in India, violating regulations in some areas could result in three years in prison.

Now, let's take a look at some of the regulations regarding the sale of e-cigarettes in certain countries (countries without information are not included in the statistics).

Australia: Partial licensing, prohibition of nicotine-containing e-cigarettes. However, it is legal to obtain nicotine-containing e-cigarettes by following these rules: obtaining a nicotine prescription from a doctor or corporate medical service; ordering nicotine e-liquid from reputable international websites or approved Australian compounding pharmacies; ensuring compliance with TGA (Therapeutic Goods Administration) personal import requirements when importing nicotine e-liquid.

Belgium: Partial licensing, prohibition of nicotine-containing e-cigarettes.

Denmark: Partial licensing, prohibition of nicotine-containing e-cigarettes.

Finland: Partial licensing, non-nicotine e-liquids and e-cigarette devices can be sold in Finland. Nicotine-containing e-liquids must comply with the "Medicines Act" requirements, and there is no sales license in this country. However, Finnish authorities have decided that nicotine cartridges with less than 10 milligrams of nicotine and e-liquids with less than 0.42 grams of nicotine per bottle can be legally imported for personal use from other countries.

Hungary: Partial licensing, the sale of nicotine cartridges is legal, but the maximum bottled capacity is limited to 10 milliliters, and they can only be sold in official state tobacco shops. The sale of e-cigarettes to minors under 18 is prohibited. Hungary is one of the countries with the strictest restrictions on nicotine substitutes.

Japan: Partial licensing, nicotine-containing e-cigarettes are prohibited because they are classified as unlicensed medical products. At the same time, Japan is the largest market for HNB products globally.

Norway: Partial licensing, e-cigarettes and non-nicotine cartridges can be sold, and the sale and use of e-cigarettes are legal, but nicotine cartridges can only be imported for personal use from other European Economic Area member countries (such as the UK). All marketing advertisements are prohibited. The sale to individuals under 18 is prohibited.

South Africa: Partial licensing, e-cigarettes and non-nicotine cartridges can be sold, but nicotine-containing e-liquids are prohibited. E-cigarette products fall under tobacco control, meaning they face strict restrictions in marketing and sales. HNB products are beginning to be sold.

Sweden: Partial licensing, e-cigarettes and non-nicotine cartridges can be sold.

Croatia: Advertising is restricted, and the use of e-cigarettes is prohibited in all public enclosed spaces, classifying e-cigarettes as tobacco products. The use of e-cigarettes is prohibited in all public buildings, and sales to minors are prohibited.

Portugal: Restrictions on the sale of nicotine cartridges.

Turkey: Inconsistent regulation of e-cigarettes. Sales are not completely prohibited, and there are many online stores.

Malaysia: Nicotine-containing e-cigarettes are considered illegal, and the states of Penang, Kedah, Johor, Kelantan, and Terengganu have completely banned the use of e-cigarettes. The Malaysian government is drafting new legislation to regulate e-cigarettes. Industry standards for non-nicotine e-cigarettes have been issued, and the production of e-liquid is thriving locally.

Smoking Control Regulations in Some Regions of Our Country

On August 30, 2018, the State Administration for Market Regulation and the State Tobacco Monopoly Administration issued a notice prohibiting the sale of e-cigarettes to minors, aligning the sales management standards of e-cigarettes with those of cigarettes. On January 1, 2019, the newly revised "Hangzhou Public Places Smoking Control Regulations" officially came into effect, listing e-cigarettes alongside regular cigarettes in the smoking ban. On June 26, 2019, the "Shenzhen Special Economic Zone Smoking Control Regulations" officially included e-cigarettes in the smoking control scope.
 
It can be seen that our country is beginning to create a healthy and standardized environment for e-cigarettes, and e-cigarette products may be regulated as tobacco products in the future. Although regulating them as tobacco products will impose certain restrictions on e-cigarettes, the diversification of sales scenarios and the improvement of product quality will help the products gradually penetrate among smokers.