Are E Cigarettes Legal in Germany

Germany adheres to the European Tobacco Products Directive (TPD) (2014). E-cigarettes containing nicotine are classified as tobacco-related products and are regulated by the Federal Act on the Implementation of the Tobacco and Related Products Directive of 2016. Since 2016, it has been forbidden for young people under the age of 18 to use or be sold electronic cigarettes. E-cigarettes can be sold and advertised within the limits of EU legislation. While e-cigarettes don`t (yet) exactly fall under the laws protecting non-smokers, in some cases there is a nationwide smoking ban and e-cigarettes are generally treated the same. Vaping on a train or bus is not allowed, and there are designated areas for vaping/smoking at stations, however, there are differences between states in the rules. Currently, there is no excise duty on e-cigarette liquid. E-cigarettes can be sold and used without restriction. There is no excise duty on vape juice, cross-border sales are legal and e-cigarette products can be advertised within the limits of EU legislation. In the fall of 2013, the e-cigarette industry launched «a determined lobbying campaign» to thwart proposed EU legislation to regulate e-cigarettes such as medical devices. [85] Pharmaceutical manufacturers GlaxoSmithKline and Johnson & Johnson have lobbied the U.S. government, the Food and Drug Administration (FDA) and the European Parliament for stricter regulation of e-cigarettes that compete with their Nicorette chewing gum and nicotine patch products.

[86] In April 2014, the FDA proposed new regulations for tobacco products, including e-cigarettes. The regulations require disclosure of the ingredients used in e-cigarette liquids, proof of the safety of these ingredients, and regulation of the devices used to vaporize and distribute the liquid. [29] [148] [149] [150] The FDA`s proposed regulation would prohibit the sale of nicotine-containing e-cigarettes to people under the age of 18. [151] In August 2014, attorneys general from more than two dozen states advised the FDA to impose restrictions on e-cigarettes, including banning flavors. [152] On May 10, 2016, the FDA published its divestment regulations in the Federal Register, which were scheduled to take effect on August 8, 2016. Suppliers and companies had up to two years later to prepare documents with the FDA to keep their product on the market. Currently, there are lawsuits and changes that are being made in Congress to change this provision. From 8. As of August 2016, all U.S. states have followed the same uniform federal guidelines. [141] In the absence of federal regulation, many states and cities had adopted their own e-cigarette regulations, most often to prohibit sales to minors, including Maryland, Kentucky, Minnesota, New Jersey, New Hampshire, Tennessee, Utah, Wisconsin, and Colorado. The law updates taxes on all forms of nicotine, not just vapes and e-cigarettes.

IQOS is included in a separate section under the heated tobacco. Shisha and hookah will also be taxed, and overall tax rates on cigarettes, cigars and other forms of tobacco will be increased. Vapes and e-cigarettes are included and are classified as «cigarette substitutes». On December 5, 2016, HUD adopted a rule prohibiting the use of tobacco products in public places and in any housing unit. [161] HuD has not included e-cigarettes in its list of prohibited tobacco products, and they will allow any public housing authority to make this decision. [161] The prohibition covers cigarettes, cigars, pipes and hookahs. [161] E-cigarettes were not included because they believe there would be no savings on maintenance costs or a lower risk of destructive fires. [161] HUD noted that there was no evidence that the steam caused damage to the equipment.

[161] The report focuses on the legal minimum age for the use of e-cigarettes, their legal classification, and future developments.

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