Legalities of Electronic Cigarette

Posted by Mhirz III on 28 August 2009, 10:50 am

In Australia, the sale of electronic cigarettes containing nicotine is illegal.

In Austria electronic cigarettes are considered medical devices, and nicotine cartridges medicinal products. Therefore electronic cigarettes need to be CE-marked, and nicotine cartridges registered as medicinal products, before either can be legally sold.

In Denmark, electronic cigarettes are legal, however nicotine cartridges are currently under a temporary ban while they undergo review by Danish health authorities.

In Canada, compliance of electronic cigarette use with public smoking bans is currently under review. In March 2009, Health Canada called for the immediate cessation of imports, sales, and advertising of electronic smoking products containing nicotine, and advised Canadians not to purchase or use any electronic smoking products. Under the Food and Drugs Act, electronic smoking products containing nicotine require market authorization before they can be imported, marketed, or sold. No market authorization has been granted for any electronic smoking product.

In Finland, cartridges containing nicotine are illegal to sell, or to purchase with intent to sell, but are not illegal to purchase from overseas sources for personal use only.

In Hong Kong, the possession or the sale of electronic cigarettes is illegal.

In Malaysia, electronic cigarettes are considered medical devices, and nicotine cartridges medicinal products. They can be purchased over the counter at a pharmacy with proper prescription.

In The Netherlands, use of electronic cigarettes is allowed, but advertising is forbidden pending European Unionlegislation.

In New Zealand, the Ministry of Health has ruled that cartridges containing nicotine fall under the requirements of the Medicines Act, and cannot be sold except as a registered medicine.

In the United Kingdom, electronic cigarette use is currently unrestricted.

In the United States, the Food and Drug Administration (FDA) considers electronic cigarettes to be a nicotine delivery system, subject to its approval. The agency is currently investigating electronic smoking devices, and has blocked a number of import shipments of electronic cigarette products to the country.