E-cigarettes in Germany

E-cigarette market and regulatory landscape in Germany

The Tobacco Products Directive (TPD) was issued in 2014 by the European Union to regulate the processing, presentation and sale of tobacco products, including vaping products, in order to guarantee consumers high levels of quality and safety. Under it, German manufacturers and importers must notify any product they intend to introduce into the market six months prior to its launching.

Germany is a federation of 16 Länder, or states, which have a considerable amount of political, judicial and legislative autonomy. This has created variations in the legal status of e-cigs across the country.

The implication of this political structure for the e-cigarette industry is that Länder can regulate some important aspects, such as public usage. They also have powers to regulate advertising in broadcasting, TV and online – however, to the extent that the federal government has banned advertising almost fully for tobacco and e-cigarettes, the Länder may not enact less stringent laws in this area.

Germany signed up to the World Health Organization’s Framework Convention on Tobacco Control (WHO FCTC) in 2003. According to a report of DAK-Gesundheit, the German national institute of health insurance, on addictions, about five percent of the German working population vapes, with most of the vapers being dual users of ex-smokers.