E-Cigarette and E-Liquid Regulations in the EU & US
Today, vaping is no longer considered to be a novelty. In fact, the e-cigarette and vape market was valued at over $17 million in 2021 and is projected to grow to nearly $43 million by 2028. Therefore, it’s no wonder that more and more people are interested in vaping or choose it as a less harmful (yet still not 100% safe) alternative to smoking.
This often leaves people wondering about the exact vaping laws around the world, with a particular focus on the EU and the US, where e-cigarette use is higher than in other places. If you live in one of these areas and want to start vaping, or you plan to travel there and would prefer to take your vape with you, keep reading this article.
Below, you will find more details about e-cigarettes and e-liquids laws, including the particular rules that apply to them in the US as well as the twenty-seven EU countries.
E-Cigarette and E-Liquid Regulations in the US
Responsible for ensuring that food, cosmetics, and nutritional supplements are safe and properly labelled, the US Food and Drug Administration (FDA) has been attempting to regulate e-cigarettes for a relatively long time.
However, their efforts met with an abundance of lawsuits and different court rulings, and the agency had to wait until 2016 to start introducing vaping regulations, which included treating e-cigarettes as tobacco products. As a result, companies that want to sell vaping equipment and e-liquids must submit an application to FDA first. Additionally, on Aug. 8, 2016, selling e-cigarettes to people younger than 18 became illegal.
Then, on March 11, 2022, president Joe Biden signed a bill that officially added vaping products to the list of tobacco products as per the FDA’s recommendations. Some politicians also want to see a nationwide synthetic nicotine ban introduced, which, if made effective, would wipe off all nicotine vaping products unauthorised by the FDA off the market.
Do Any States Ban E-Cigarettes?
The US is an incredibly versatile country, and the regulations vary from state to state. For the vast majority of the 50 states, there are at least some laws preventing minors from buying vapes or regulating where vapes can be used.
Currently, there are no states that have decided to ban vaping altogether. Only San Francisco, a prominent California city and a popular tourist destination, banned sales of e-cigarettes in January 2019, citing the need for more research on their effects as one of the primary reasons.
Are E-Liquids Legal in the US?
After lengthy court battles, New York, New Jersey, Massachusetts, Rhode Island, California, and Hawaii have banned the sales of most flavoured vaping products, giving a nationwide outbreak of vaping-related illnesses and an increase in vaping among teenagers as the most common reasons.
In New York, vape equipment retailers can only sell unflavored e-liquids or have tobacco, menthol, mint, or wintergreen flavours. New Jersey permits the sale of just tobacco-flavoured e-liquids, as does Massachusetts, Rhode Island, California, and Hawaii.
More states are considering following their predecessors’ footsteps or having other restrictions in place. In Utah, for instance, flavours other than tobacco can only be sold in age-restricted stores.
E-Cigarette and E-Liquid Regulations in the EU
Just like the US, European Union is an incredibly diversified area. Electronic cigarettes and e-liquids are regulated by the Tobacco Products Directive, which overlooks the sales and merchandise of both tobacco and tobacco-related products since 2016.
The directive doesn’t ban vaping in public places, but clearly states that purchasers need to be at least 18 in order to buy e-cigarettes and vaping equipment legally. However, it limits how potent the e-liquids can be and requires the vaping equipment to come in child-proof packaging.
Vapes also need to produce consistent doses of vapour. Furthermore, manufacturers are obliged to disclose ingredients and nicotine content in their products, and regulators are allowed to act if the laws are not followed.
What EU Countries Ban E-Cigarettes?
Currently, Vatican City is the only country in Europe with a ban on e-cigarettes. However, even though it’s a city-state surrounded by Rome, the capital of Italy, which is a member of the EU, the Vatican itself is not a part of this organisation.
As for 2022, no other countries located in Europe or affiliated with the EU have banned the sale or use of e-cigarettes.
Are E-Liquids Legal in the EU?
Today, five EU countries – Lithuania, Estonia, Finland, Denmark, and Hungary – have flavour bans regarding e-liquids in place. In 2023, the Netherlands plans to ban and/or restrict the vast majority of ingredients currently allowed to be used for e-liquids. The ban won’t affect only a carefully selected list of around 20 tobacco e-liquids.
Interestingly, in June 2022, the Swedish parliament rejected a proposed bill to ban vape flavours. Additionally, Denmark doesn’t allow flavoured e-liquids, but there are no restrictions prohibiting people from ordering them from abroad.
These are some of the most recent and significant bans. Still, it’s essential to keep in mind that there are 27 countries in the European Union, and covering the exact rules in every single one is incredibly challenging. If you plan to travel to Europe with your vaping device, it’s best to do your own research on the destination country for the latest updates.
The Bottom Line
As you can see, a lot is happening in the vaping world, with more and more countries introducing new laws and regulations regarding e-cigarettes and e-liquids. While the article above aims to provide you with the most accurate information, the exact situation can change.
The EU and the US are trying to adjust their laws by introducing new bills to encourage a positive transformation. However, some of the new laws quickly go through a so-called “reality check” that exposes what the lawmakers failed to consider.
As a result, some EU countries prohibit flavoured e-liquids but don’t prevent anyone from ordering them online from abroad. In the US, critics even deemed some of the laws “silly and condescending.”
Still, it never hurts to learn more about the current situation in these areas so you can know what to avoid if you live or travel there.