How to cope with strict ENDS regulations in different countries

The regulation of the sale and use of e-cigarettes varies by country and state. Some countries do not regulate this at all, and some have completely banned e-cigarettes and everything related to them. Some countries have imposed strict restrictions, and some have licensed devices as drugs, for example in the United Kingdom.

The market of electronic nicotine delivery systems is not yet in a stable position, since where the use of electronic devices is permitted today, may be subject to restrictions tomorrow, or vice versa, where everything was prohibited, smoking of electronic cigarettes may be allowed.

How countries regulate ENDS

Let’s have a look at policies or laws in different countries that regulate Electronic Nicotine Delivery Systems (ENDS).

Country
Current restrictions
Argentina
National Administration of Drugs, Foods and Medical Devices Order 3226/2011 Prohibiting the Marketing and Use of Electronic Nicotine Delivery Systems prohibits. The sale, advertising, distribution, and import of electronic cigarettes. They are classified as tobacco products and are prohibited from being used in closed public places and transport.
Australia
Australian laws classify nicotine as a poison and are restricted when not used for therapeutic purposes. Whilst nicotine-free e-cigarettes are legal consumer products.
Austria
Some vaping devices in Austria are classified as drugs if they are sold by drug request. So it is regulated by the Austrian Medicinal Products Act. Devices that are not medically regulated are subject to other laws as tobacco-related products. The sale and marketing of ENDS are prohibited on every level. No advertising, promotion, or sponsorships. Non-nicotine products are legal consumer products.
Canada
E-cigarettes, whether they contain nicotine or not, are regulated as vaping products under the Tobacco and Vaping Products Act (TVPA). Before selling, manufacturers who make products subject to FDA must receive marketing authorization from Health Canada.
China
The national tobacco law does not cover the sale of electronic cigarettes. Therefore, the sale of electronic cigarettes is legal in China. The use of vaping in public places is allowed. There are no restrictions on advertising, promotion, and sponsorship of e-cigarettes.
England
Electronic cigarettes can be imported into the market as medicines or as consumer products. Those who want to sell vapes like medicine must go through a standard licensing process. The nicotine content of e-liquid should not exceed 20 mg/ml. The volume of disposable e-cigarettes and e-cigarette containers must not exceed 2 ml, and the volume of refillable bottles must not exceed 10 ml.

E-liquids must be free of certain additives and only high-quality ingredients must be used in their manufacture. Except for nicotine, only ingredients that do not pose a health hazard when heated or unheated may be used in e-liquid nicotine. Electronic cigarettes must be able to deliver a constant dose of nicotine under normal conditions of use.

Vapes that are subject to consumer products are charged 20% Value Added Tax; and if they are defined as Medicines, a 5% VAT is levied instead.
Germany
E-cigarettes that contain nicotine are classified as tobacco products and are regulated by the Federal Government law on how to implement the Tobacco Products and Related Products Directive 2016.

There are partial restrictions on print advertising for e-cigarettes. It aimed exclusively at professionals involved in the marketing of e-cigarettes and tobacco products, as well as publications printed and published in non-EU countries.

Advertising of electronic cigarettes is prohibited in movies and cinemas, such ads can only be shown if there is an age limit of 18+. ENDS ads are also banned on radio, television, and the Internet. Sponsoring of radio and television, as well as cross-border events is prohibited. Outdoor advertising, including billboards, is prohibited, except for walls and windows outside of “specialty stores”.
United States
The US Food and Drug Administration (FDA) classifies e-cigarettes and other electronic nicotine delivery systems (ENDS) as tobacco products. unless this is the case where vapes are marketed as drugs, devices, or combination products as a therapeutic product as a smoking cessation aid.

Any person who manufactures, modifies, blends, manufactures, manufactures, assembles, processes, labels, repackages, relabels, or imports electronic cigarettes for sale or distribution in the United States is considered a manufacturer of tobacco products and must comply with some provisions, including filing tobacco marketing applications, products, reporting, registration, a listing of ingredients, and the inclusion of necessary warnings on packaging and in advertisements.

E-cigarettes containing nicotine have been added to the list of medicinal devices in several countries. Thus marketing of such products has been limited or paused until clinical trials for safety and efficacy become final. Some countries have identified e-cigarettes as a health product, although they have not approved them as a smoking cessation aid.

Since there is no generally understandable law or regulation on electronic nicotine delivery systems in the world, before starting an electronic cigarette business in any country, you need to find out all the details of doing this business in that specific place.

Wrapping up

You see that there are many regulations and you need to understand all the details before starting a business selling vape devices. To understand the legal nuances of different laws, you need to get advice from a consulting or law firm. Vape Testing will help to get more information about the technical aspects.

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