E-liquid industry regulations

Since the vape industry is changing dynamically, manufacturers have to always be one step ahead when it comes to trends, but also regulatory aspects that vary widely across the world. Each country has adopted its own laws concerning tobacco and vape products. Chemnovatic specialists have gathered it in a convenient summary of key information.

Below you will find the most important information concerning e-liquid regulations, vape flavour bans, restrictions, and trends for the vape industry in selected countries.

Australia

• Nicotine-free vaping products are legal
• Nicotine-containing vape products are illegal. Possession of such may result a fine or imprisonment for up to 2 years
• Since 1 October 2021, to legally posses nicotine in Australia, one needs a medical prescription. It is allowed only for therapeutic (nicotine replacement therapy) purposes
• Sales of nicotine containing products by retailers, even with prescription, is forbidden. They may be sold only in stationary or online pharmacies
• Therapeutic nicotine products must be approved by the TGA – Therapeutic Goods Administration
• Importing or purchasing nicotine-containing vaping products from foreign websites, without a valid prescription, is illegal. A seller should place a copy of such prescription inside the parcel, so it can pass the border control

Austria

• Nicotine-free liquids: have to be notified, same as the nicotine-containing ones
• Prohibited e-liquid flavours: none, but the product name can not contain a food name, i.e. watermelon
• Notification fees: none
• Excise tax / export tax: none
• Annual fee: paid till 30 June, 0,4 cent per 10 ml
• Label language: German
• Serial number on the packaging: obligatory
• List of ingredients on the packaging: obligatory (given CLP and trade secret)
• Peel-off label: allowed
• CBD products: nicotine e-liquids cannot contain CBD; nicotine-free liquids with CBD are allowed, but have to be registered
• Nicotine pouches: currently unregulated

Bulgaria

• Nicotine-free liquids: do not have to be notified
• Prohibited e-liquid flavours: none, but the product name can not contain a names or pictures of foods
• Notification fees: none
• Excise tax / export tax: 0,18 BGN/ml since 1 March 2023; 0,25 BGN/ml since 1 January 2024; 0,35 BGN/ml since 1 January 2025
• Label language: Bulgarian
• Serial number on the packaging: obligatory
• List of ingredients on the packaging: obligatory (given CLP and trade secret)
• CBD products: unregulated with TPD
• Nicotine pouches: unregulated with TPD

The Czech Republic

• Nicotine-free liquids: are TPD-subject (premix and longfills included)
• Prohibited e-liquid flavours: none
• Products classified as highly toxic in category 1 and 2, such as 20mg/ml nicotine salt nicshots can’t be sold to customers
• Notification fees: none
• Label language: Czech
• Serial number on the packaging: obligatory
• List of ingredients on the packaging: obligatory for allergens, ingredients above 0,1% (given CLP and trade secret)
• Peel-off label: allowed
• CBD products: forbidden
• Nicotine pouches: currently unregulated
• Read more about the nicotine pouches market in the Czech Republic

Canada

• In June 2021 the Federal Government proposed to prohibit flavors other than tobacco, menthol, and mint, expected to come to life in late 2022
• 4 provinces already banned flavours other than tobacco: Nova Scotia, New Brunswick, Northwest Territories, Prince Edward Island
• A similar law will come to life in Nunavut, but the date is not set yet
• Sales of flavoured e-liquids is restricted to special, age-restricted vape shops in 3 provinces: British Columbia, Ontario, Saskatchewan

China

• The tobacco sector’s authority is State Tobacco Monopoly Administration
• Retailers must sell their products through a national, unified platform for e-cigarettes
• E-cigarette manufacturers can carry out sales of their products only through authorized channels
• Since October 1, 2022, sales of flavoured, other than tobacco, e-liquids is prohibited
• Beginning on 1 November, there will be new taxes: 36% – production or import of e-cigarettes; 11% – wholesale distribution of e-cigarettes

Denmark

• Flavours: banned in both nicotine e-liquids and non-nicotine e-liquids
• Only tobacco and menthol flavours are allowed
• The transition period for products already on the market ended on 1st April 2022
• Read more here
• Notification fees: 15 000 DKK (1250 DKK per month) per product and is due for payment every year
• Tax: 2,00 DKK per millliliter
• Label language: Danish
• Serial number on the packaging: obligatory
• List of ingredients on the packaging: full list is obligatory (given CLP and trade secret)
• Peel-off label: allowed

Estonia

• Flavours: banned in both nicotine e-liquids and non-nicotine e-liquids
• Only tobacco and menthol flavours are allowed
• Find out more in the Tobacco Act
• Notification fees: none
• Tax: 0,2 Euro / ml for both nicotine and non-nicotine e-liquids
• Label language: Estonian
• Serial number on the packaging: required
• List of ingredients on the packaging: specific chemicals above and below 0,1% concentration, that affect the classification of the final mixture, must be notified (given CLP and trade secret)
• Peel-off label: allowed with all the necessary information, must be irremovable
• CBD products: non-nicotine liquids need to be registered
• Nicotine pouches: falls under TPD legislation, but does not need to be notified
• Non-nicotine flavourings for shisha: need to be notified

France

• Prohibited e-liquid flavours: none
• Notification fees were canceled on 1 January, 2020. They were 295 EUR, per product registration, annual fee 120 EUR for one product.
• Tax: none
• Label language: French
• Serial number on the packaging: required
• List of ingredients on the packaging: full list is required (given CLP and trade secret)
• Peel-off label: allowed
• CBD products: allowed, but not advertised as products with therapeutical features

Germany

• Nicotine and non-nicotine products: are TPD-subject
• Prohibited e-liquid flavours: none, but there is a list of substances that e-liquids cannot contain
• Notification fees: none
• Tax: since 1 July 2022 till 31 December 2023 – 0,16 euro / ml
• Read more about e-liquid regulations in Germany
• Label language: German
• Serial number on the packaging: required
• List of ingredients on the packaging: don’t have to be notified if below 0,1% (given CLP and trade secret)
• Peel-off label: allowed if all the necessary information is present
• CBD products: allowed, but not advertised as products with therapeutical features; TPD-subject
• Nicotine pouches: considered as food product, thus not TPD-subject

Hungary

• Tobacco, menthol, and fruit flavors are allowed – this only applies to nicotine products
• Learn more here
• Notification fees: 475 000 FT per product, annual fee – 475 000 FT; modification fee – 306 000 FT
• Tax: 20 FT / ml
• Label language: Hungarian
• Serial number on the packaging: required

Ireland

• Prohibited e-liquid flavours: none
• Nicotine-free e-liquids: don’t have to be notified
• Notification fees: none
• Tax: none
• Label language: English, additionally nicotine slogan also in Irish
• Serial number on the packaging: required on a single package
• List of ingredients on the packaging: doesn’t have to be notified if below 0,1%, unless CLP states otherwise (given CLP and trade secret)
• Peel-off: allowed
• CBD products: CBD is forbidden in nicotine-containing e-liquids
• Shisha products: are TPD-subject

Italy

• Prohibited e-liquid flavours: none
• Nicotine-free e-liquids: have to be notified
• Notification fees: since 30 May, 2022 – from €108,03 to €327,85
• Tax: 0,175 euro / ml for nicotine-cointaing e-liquids and 0,13 euro / ml for nicotine-free e-liquids
• Label language: Italian
• Serial number on the packaging: not required, can be on the label
• List of ingredients on the packaging: everything above 0,1% and every chemical raw material (given CLP and trade secret)
• Peel-off label: allowed
• CBD products: CBD is forbidden
• Nicotine pouches: not regulated
• Tobacco products for shisha: regulated the same way as tobacco products for smoke

Lithuania

• Only tobacco flavours are allowed
• The ban is active since 1 July, 2022
• Since 1 May, 2022, e-liquids are TPD-subject and have to be registered
• Notification fees: none
• Tax: 0,15 euro / ml for both nicotine-containing and nicotine-free e-liquids; 0,19 euro / ml since 01.01.2023; 0,25 euro / ml since 01.01.2024
• Label language: Lithuanian
• Serial number on the packaging: required
• List of ingredients on the packaging: all ingredients (given CLP and trade secret)
• Peel-off: allowed
• CBD: forbidden in nicotine-containing e-liquids

New Zealand

• Only tobacco, menthol, and mint flavours are allowed
• Find out more here
• Starting from the year 2023, sales of cigarettes and tobacco products to people born after 2008 will be illegal
• Read more here

Philippines

• Only tobacco and menthol flavours are allowed
• Find out more in the Republic Act No. 11467

Poland

• Prohibited e-liquid flavours: none
• Notification fees: till 2023 – from 1 766,64 PLN to 5 888,80 PLN;
  since 2023 – 1 995,82 PLN for micro and small enterprises; 3 326,37 PLN for medium enterprises; 6 652,73 PLN for other enterprises
• Tax: excise 0,55 PLN / ml
• Label language: Polish
• Serial number on the packaging: required, and required on the label
• List of ingredients on the packaging: aromas can be divided into natural and sythethic
• Peel-off: allowed
• CBD products: allowed for marketing
• Nicotine pouches: treated as a food product
• Non-nicotine flavourings for shisha: are not TPD-subject and do not need registration

Portugal

• Prohibited e-liquid flavours: none
• Notification fees: 1000 EUR if 10 or more products; 500 EUR if up to 9 products
• Tax: 0,323 euro / ml
• Label language: Portuguese
• List of ingredients on the packaging: all ingredients (given CLP and trade secret)
• Peel-off: allowed
• CBD products: CBD is forbidden in e-liquids
• Nicotine pouches: will be regulated in the future
• Read more about regulations and the Portuguese vape market

Saudi Arabia

• Only some flavours are banned: cocoa, vanilla, coffee, tea, spices, candy, chewing gum, cola, and alcohol
• Learn more here

Spain

Ukraine

• Only tobacco flavour is allowed
• Check the article about it here

United States

• Ban on flavoured e-liquids in 4 states: New York, New Jersey, Massachusetts, and Rhode Island
• Upcoming bans: California (November 2022), Hawaii, Los Angeles (if they are signed by the governors)
• In District of Columbia flavours ban will come to life in late 2022
• Other states considering flavours ban: among others Texas and New Hampshire
• In Utah flavours, other than tobacco, can be sold in special, age-restricted stores

Upcoming restrictions

The European Union

• Tobacco Excise Directive (TED): Publication of the proposal postponed from December 2022 to the first quarter of 2023.
• Batteries regulations to come, at the earliest, in 2025: no glue use allowed in fixing batteries; the batteries to be removable and replaceable
• The European Commission has proposed revising the EU CLP (Classification, Labeling and Packaging) regulation. There are planned new mandatory formatting rules for labels and exempting small labels (less than 10 ml) from labeling under certain conditions. Additionally, there are new hazard classes to be added.
• Read more

Belgium

• Flavours banned: none
• Notification and modification fees: currently: 165 EUR for notification and modification each, 125 EUR for an annual report;
  since 11.07.2023: 200 EUR for notification, 100 EUR for modification, additional 50 EUR annual fee for each product. Additionally, nicotine-free products must be notified before being placed on the market.
• Tax: none
• Label: since 11.07.2023 the information about flavour must be described in 1 word
• Label language: French, German, Dutch
• Serial number on the packaging: obligatory
• List of ingredients on the packaging: obligatory for allergens, ingredients above 0,1% (given CLP and trade secret); obligatory information if an aroma is natural
• Peel-off label: allowed, if in 3 languages
• CBD: not allowed in nicotine-containing e-liquids; tolerated in nicotine-free e-liquids; since 11.07.2023 also banned in nicotine-free e-liquids
• Nicotine and CBD pouches: The Royal Decree of March 14, 2023, prohibits the marketing of nicotine pouches and CBD pouches.
  This Royal Decree goes into effect on July 1, 2023, except for retailers, for whom it goes into effect on October 1, 2023.
• Cross-border sales: banned since 11.07.2023
• Since 11.07.2023 the vaping device can not contain any added values (i.e. LED lights), the only function allowed is producing steam for inhalation. Moreover, refills are NOT limited to 10 ml max.
• Products that do not apply to new regulations can no longer be delivered to stores starting 11.07.2023, however, they can be sold until 11.01.2024 if purchased before 11 July.

Finland

• Flavours: banned in both nicotine e-liquids and non-nicotine e-liquids
• Only tobacco flavour is allowed
• Learn more here
• Notification fees: 150 EUR per product, annual fee – 75 EUR
• CBD products: falls under the drug laws
• Nicotine pouches: treated as pharmaceutical products
• Smoking and vaping are prohibited in public spaces like beaches or playgrounds, more details here
• Logo or image-containing packaging are allowed till the end of April 2023, after that a unified design will be obligatory
• Nicotine-free e-liquid: have to be notified. Those present on the market have till the end of October 2023, and the new ones have to be notified right away

Latvia

• Non-nicotine liquids will soon have to be registered
• Flavours banned: none, but soon to be changed
• Notification and modification fees: 125,5 EUR for registration and an annual fee 78,49 EUR
• Tax: 0,01 euro / ml of an e-liquid; 0,005 euro / mg of nicotine; taxes sum up
• Label language: Latvian
• Serial number on the packaging: obligatory on a singular packaging
• List of ingredients on the packaging: only the names of aromas / flavourings are necessary
• Peel-off label: allowed
• CBD: not restricted
• Nicotine pouches: tobacco-free nicotine pouches to be regulated in the future

The Netherlands

• Flavours, except tobacco, will be banned since 1 October 2023
• Read more about flavoured e-liquids banned in the Netherlands
• Notification and modification fees: 44,85 EUR each
• Label language: Dutch
• Serial number on the packaging: should be on the box
• List of ingredients on the packaging: ingredients below 0,1% can be grouped into general aromas’ names, but have to be also on the leaflet
• Peel-off label: allowed
• CBD: not allowed
• Nicotine pouches containing 0,035 mg, or more, nicotine per pouch are banned

Sweden

Tracking the regulatory changes

Restrictions and bans on nicotine products are visible worldwide. That is why it is crucial to follow the upcoming changes in order to adapt to them on time and act according to new regulations.

At Chemnovatic we keep track of all legislative changes in the e-cigarette industry around the world and as one of the first companies related to the industry introduce the necessary changes. Therefore feel free to reach out to us if you need any consultations or advice – just contact us!

If would like to talk about any other matter, or if you want to make an order, email us at sales@chemnovatic.com.

Learn more about our regulatory services and other services related to the e-liquid industry here.

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