The Legal Status of E-Cigarettes in Taiwan May Fundamentally Change

The legal status of e-cigarettes and related products in Taiwan may soon change fundamentally. Products containing nicotine may become legal, or partially legal; while non-nicotine products, which are currently treated as consumer products and are widely available, may be reclassified as pharmaceuticals.

At present, nicotine-containing e-cigarettes are regarded as pharmaceuticals, so their sale, import, and manufacture are effectively prohibited. They require a license to be sold legally, and so far, no product has been approved.

On the other hand, unlike conventional cigarettes, non-nicotine vaping products are legal in Taiwan. Article 14 of the Tobacco Hazards Prevention Act prohibits the sale of products that imitate conventional cigarettes, which applies particularly to cigarette-lookalike devices.

According to local media reports, concerns were raised several months ago that changing the legal status of e-cigarettes could renormalize smoking behavior among young people.

A recent report from the Taiwan government shows that Taiwan views e-cigarettes as a public threat rather than an opportunity. It expressed concerns about the use of vaping products by people under 18, as well as battery safety and other issues.

The Ministry of Health and Welfare plans to amend the Tobacco Hazards Prevention Act and regulate e-cigarettes as tobacco-related products. If that happens, restrictions on tobacco packaging, for example, would also apply to vaping products. Bans on use in places such as public buildings, hospitals, hotels, and restaurants would apply as well.

If the proposed new law takes effect in Taiwan, it would create the unusual situation in which nicotine products are legalized while non-nicotine devices are banned.