Tobacco and manufactured tobacco substitutes 0424-2012E

Draft Act amending the Tobacco Products Act - Entwurf eines Zweiten Gesetzes zur Änderung des Tabakerzeugnisgesetzes (20 page(s), in German)

Directive 2014/40/EU of the European Parliament and of the Council 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 obligates Member States to adopt legislation by 20 May 2016 that is necessary in order to transpose Directive 2014/40/EU. Directive 2014/40/EU shall be transposed by the Tobacco Products Act in combination with the Tobacco Products Ordinance into German law. In addition to the stipulations under the directive, nicotine-free electronic cigarettes and refill containers are also to be regulated by equating them with products which contain nicotine if this is necessary in order to protect consumers from adverse health effects. In doing so, provisions on ingredients, labelling, reporting, safety and advertising will be applied to nicotine-free electronic cigarettes and refill containers.

Furthermore, provision is to be made for additional bans on advertising in relation to tobacco products, electronic cigarettes and refill containers. The provisions encompass a ban on outdoor advertising, a ban on selling and displaying free of charge as well as restrictions on advertising in cinemas.