Countries that have banned e-cigarettes
*Electronic smoking device (ESD) means Electronic Nicotine Delivery Systems / Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS), Heated Tobacco Products (HTPs), and other new and emerging smoking devices, including consumables, e.g. e-liquids and heat sticks. If ESDs are banned by law, full points are awarded for questions relating to ESDs.
**Cambodia National Authority for Combating Drugs has passed a circular banning the importation, trafficking, sale, and use of tobacco heated products (HTPs) in Cambodia on 18 March 2021.
***Appears to be ‘legitimized’ only by being subject to tax laws. According to the 2017 Ministry of Finance regulation on tobacco products, nicotine-containing e-cigarettes are regarded as other processed tobacco or products that contain extract and essence of tobacco. E-liquids are taxed based on specific price.
****Beginning 1 January 2021, e-liquid without nicotine was subjected to an ad valorem excise tax of 10% and an excise duty of MYR 0.40 (USD 0.10) per millilitre of e-liquid. E-liquid with nicotine is regulated under the Poison Act 1952 and enforced by the Ministry of Health Malaysia. This is a federal law and applied to all states in Malaysia. Under this regulation, e-liquid containing nicotine cannot be sold as a consumer product in Malaysia. The Malaysian National Fatwa Council has declared all vapour and shisha products as “haram” (forbidden in Islam). Five out of 13 states (Johor, Kelantan, Kedah, Penang, and Terengganu) have banned the sale of e-cigarettes under the state jurisdiction.
Where not banned, ENDS must be strictly regulated
- Prohibiting the use of ENDS in indoor public places
– 42 countries completely ban the use of ENDS in all indoor public places, workplaces, and public transport
- Health warnings applied to packaging or restrictions should be applied to ENDS (devices and/or e-liquids)
– 64 impose the display of health warnings (on either the packaging of ENDS devices, e-liquids, or both)
- Prohibiting the advertisement, promotion, and sponsorship of ENDS
– 105 countries do not ban or restrict the advertising and promotion of ENDS, including half (17) of the 34 countries where the sale of these products is banned.
- Minimum age restrictions applied to the sale of ENDS
– Only 45% of countries ban the sale of ENDS to minors.
– 73 countries limit their sale to a minimum age
18 years of age in 65 countries
19 years of age in one country
21 years of age in seven countries
- Ban of flavours (to reduce the appeal of ENDS products to children and adolescents)
– Four (4) countries have adopted a ban on the characterizing flavours in ENDS (Finland, Hungary, Lithuania, Montenegro)
– Nine (9) other countries ban only selected flavours or permit specific flavours (China, Denmark, Egypt, Estonia, Germany, New Zealand, Philippines, Saudi Arabia, Ukraine).
– The European Union Tobacco Products Directive revision of 2014 set out to ban ingredients that increase inhalation. This may be interpreted to include menthol flavours.
Source: World Health Organization. (2023). WHO report on the global tobacco epidemic, 2023: Protect people from tobacco smoke. Geneva: World Health Organization.
Policy and Legislation
National Authority for Combating Drugs. (2021). Circular on measurement to prevent and avoid importation, trafficking, sale, and use of tobacco heated products (HTPs) in the Kingdom of Cambodia. 18 March 2021.
Republic Act No. 11900. (2022). Regulating the importation, manufacture, sale, packaging, distribution, use and communication of vaporized nicotine and non-nicotine products, and novel tobacco products (Vaporized nicotine and non-nicotine products regulation act), 25 July 2022.
Department of Trade and Industry. (2022). Administrative Order No. 22-16 or the Implementing Rules and Regulations of Republic Act 11900 or The Vaporized Nicotine and Non-Nicotine Products Regulation Act.
Executive Order No.106. (2020). Prohibiting the Manufacture, Distribution, Marketing and Sale of Unregistered and/or Adulterated Electronic Nicotine/ Non-Nicotine Delivery Systems, Heated Tobacco Products and Other Novel Tobacco Products. Amending Executive Order No.26. (2017) and for Other Purposes.
Republic Act No.11467. (2019). An act amending sections 109, 141,142, 143, 144, 147, 152, 263, 263-A, 265, and 288-A, and adding a new section 290-A to Republic Ace No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, and for other purposes.
Consumer Protection Board Order No. 9 / 2015 Subject: Prohibition of Sales and Service of “Hookahs, Electronic Hookahs, and Electronic Cigarettes, Smoking Materials for Hookahs, and Liquids for Filling Electronic Hookahs and Electronic Cigarettes”.