E-cigarettes in Europe: data on market trends and the regulatory landscape

29th November 2022: Russia: State Duma deputy Sultan Khamzaev, who represents the governing United Russia party and is head of the Sober Russia, has told media that a complete ban on the sale of e-cigarettes should be introduced in Russia, to “save the country's citizens from possible health problems and premature death”.
29th November 2022: EU: EU negotiators hope to reach a compromise on the new Battery Regulation during a final session on 9th December, media reports. The new regulation seeks to regulate the whole life cycle of batteries, from design to disposal, repealing the current EU Batteries Directive. It would cover a wide range of industrial and portable batteries, potentially including those in vaping devices. However, it will provide only a general framework, leaving details to be provided in a secondary EU legislation, such as delegated and implementing acts – around 32 of which are expected to complement the Battery Regulation.
28th November 2022: Lithuania: Parliament approved Bill XIIIP-3603(3) which, starting 1st January 2025, introduces the so-called tobacco products shops – points-of-sale that sell only tobacco and tobacco-related products (including e-cigarettes). The bill will allow the display and advertising of vapour products inside tobacco products shops, as long as the products and adverts cannot be seen from the outside. Starting 1st January 2025, all types of advertising will be banned in all other retailers.
28th November 2022: Germany: The federal government has introduced the Disposable Plastic Fund Bill, in which manufacturers of single-use plastic must pay an annual fee into a central fund administered by the Federal Environment Agency. The fee will depend on the quantity of single-use plastic products made available. E-cigarette devices that use single-use plastic may be affected. If approved, the first fee will be paid in 2025.
28th November 2022: UK: 18 environment and health groups – including Green Alliance, the Royal College of Paediatrics and Child Health, the Marine Conservation Society and the RSPCA – have demanded that the government ban the sale of single-use e-cigarettes for environmental and health reasons. The open letter references a study showing that at least 1.3m disposable e-cigarettes are thrown away every week. Libby Peake, head of resource policy at Green Alliance, said: “We need to be moving towards durable and reusable products designed sustainably, not inventing new ways to cause harm to the wildlife and wasting valuable resources. Ministers must act swiftly to ban disposable vapes to protect young people and our environment from this new and entirely avoidable threat.”
28th November 2022: UK: Sandwell Council Trading Standards announced that it has seized 574 non-compliant vaping devices. Trading Standards throughout the country have been inspecting vape shops to enhance compliance with e-cigarette product requirements and age restrictions.
25th November 2022: Italy: Local media leaked the first draft of the 2023 Budget Bill, which would block the planned increase in e-cigarette excise duty for 2023 and maintain the same level of taxation as in 2022. Nicotine-containing e-liquids would be taxed at 15% of the excise duty on the equivalent quantity of cigarettes (around €0.13/ml), while those without nicotine would be taxed at 10% of the excise duty on the equivalent quantity of cigarettes (around €0.08/ml). The bill has not yet been introduced in Parliament.
25th November 2022: Portugal: Today, the government approved the State Budget 2023 with amendments, media reports. The Budget included a proposal to increase the e-liquid tax from €0.323 to €0.336 per ml. The final text has not yet been released.
25th November 2022: Russia: Mandatory traceability marking of e-liquids in Russia could start on 15th December, media reports. The Ministry of Industry and Trade has modified a decree, according to which the mandatory (digital) traceability marking is to begin ahead of schedule, if approved by the government. Currently, according to the government decree, the voluntary experiment on the marking of e-cigarettes and e-liquids with traceability markings is ongoing and is supposed to last until 28th February 2023. If a new decree for mandatory marking is approved, it will apply to nicotine-free e-liquids, liquids in cartridges, capsules, and disposable e-cigarettes, but refillable vapes will not be marked.
24th November 2022: Lithuania: Parliament has approved Bill XIVP-2036(2), strengthening the Drug, Tobacco and Alcohol Control Department (NTAKD)’s power to shut down illegal advertising and online sales of tobacco and tobacco-related products, including e-cigarette products. From 1st January, the NTAKD will be authorised to order internet and network service providers to remove illegal content.
24th November 2022: Italy: The government has introduced a provision into the 2023 Budget Bill that would block the planned increase in e-cigarette excise duty for 2023, media reports. The bill has not yet been introduced in Parliament.

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