Legislation and Vaping: What Every Vaper Needs to Know in 2023

In the world of vaping, staying informed about legislative changes is crucial. With the vaping industry continuously evolving, governments around the world are updating and refining regulations. This blog post aims to give you an overview of the key legislative points that vapers should be aware of in 2023.

Global Vaping Laws: A Mixed Bag

Vaping laws vary greatly across the world. In some countries like the UK, vaping is widely accepted and regulated, while in others such as Brazil, Singapore, and India, e-cigarettes are completely banned. It’s essential to be aware of the local laws, especially if you plan to vape while traveling.

United States: FDA Regulation and PMTA

In the United States, the Food and Drug Administration (FDA) regulates all tobacco products, including e-cigarettes. Under the Deeming Rule enacted in 2016, all vaping products are classified as tobacco products.

In recent years, the FDA has implemented a system called Pre-Market Tobacco Applications (PMTA). Manufacturers must submit a PMTA for each vaping product they wish to keep on the market, demonstrating that the product is appropriate for the protection of public health.

By 2023, many smaller vaping companies unable to afford the PMTA process may have exited the market, leaving only those products with approved PMTAs available for sale.

Europe: The Tobacco Products Directive (TPD)

In Europe, vaping is regulated under the Tobacco Products Directive (TPD), which sets rules on the manufacture, presentation, and sale of tobacco and related products, including e-cigarettes and e-liquids.

Key requirements include a maximum nicotine strength of 20mg/ml and a maximum volume of 10ml for e-liquid bottles. Tank capacity is also restricted to no more than 2ml. Furthermore, all products must be registered six months before they are allowed to be sold.

Advertising Restrictions

Advertising restrictions for vaping products are common worldwide. In the U.S, e-cigarette advertisements must include warning statements about the addictiveness of nicotine. Similar advertising restrictions exist in Europe under the TPD. Be aware that making health claims about vaping products, such as claiming they can help smokers quit, is generally prohibited unless the product has been authorized for such use by the relevant health authority.

Age Restrictions

Nearly all countries that allow the sale of vaping products have age restrictions in place. In the U.S, you must be at least 21 years old to purchase vaping products, a rule that came into effect in December 2019. In the UK and the rest of Europe, the minimum age is 18.

Flavor Bans

Several U.S states, including New York, Rhode Island, and Massachusetts, have implemented flavor bans, restricting the sale of flavored vaping products. These bans primarily stem from concerns about youth vaping rates, as flavors are often cited as a primary reason youth use e-cigarettes.

Taxes

Vaping products are subject to taxes in many jurisdictions. In the U.S, tax rates vary by state and can be levied on the wholesale price or as a per milliliter tax on e-liquid. In Europe, some countries, such as Italy and Portugal, have implemented taxes on e-liquids.

In conclusion, the legislative landscape around vaping is complex and constantly changing. As a responsible vaper, it's essential to stay updated on these changes and understand how they impact you. Be sure to research and comply with the local laws wherever you are, and always vape respectfully and responsibly.