Electronic cigarettes and refill containers

Draft Act on electronic cigarettes and refill containers

The European Parliament and the Council has adopted Directive 2014/40/EU of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (the Tobacco Products Directive). The Directive does not contain an age limit for electronic cigarettes and refill containers. Member States are authorised to regulate such issues within their jurisdiction and are also encouraged to do so.

Sweden intends to make use of this option in order to impose an age limit during the sale of electronic cigarettes and refill containers. These rules will be stated in §§ 17, 18 and 19 of a new Act on electronic cigarettes and refill containers.

§ 18 implements Article 18(4) (cross-border distance sales) of the Tobacco Products Directive. Only the parts of § 18 which do not implement Article 18(4) of the Tobacco Products Directive are therefore covered by this notification.

Content of the legislation (§§ 17, 18 and 19 in the notified act)

− Electronic cigarettes and refill containers may not be sold or otherwise distributed in the course of trade to those under the age of 18. Those who distribute such products should ensure that the recipient is of this age.

− If there is a reason to believe that an electronic cigarette or refill container is intended to be handed over to someone under the age of 18, the product may not be handed over.

− At every outlet for electronic cigarettes and refill containers, there shall be a clear and visible sign with information stating that it is prohibited to sell or distribute such products to anyone under the age of 18.

− Electronic cigarettes and refill containers sold to consumers shall be offered for sale in such a way that the recipient's age can be verified. This also applies when sales are made via machines, distance selling or similar means.

− Only those aged 18 or over may bring electronic cigarettes and refill containers into the country.