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Electronic cigarettes: New legislation & Timing

  • It is forbidden to still sell electronic cigarettes with attractive functionalities that are not useful for the operation of the device!
  • A complete ban on electronic cigarettes or refills containing CBD
  • An additional selection of additives are prohibited (examples are Vitamins, Caffeine, Taurine, ...), the list can be modified according to need at any time.
  • All electronic cigarettes and refills should be child and tamper-proof, protected against breakage and leakage, according to ISO standard 8317.
  • On each packaging unit of an Electronic Cigarette or Refill Pack a health warning must be present in Dutch, French & German. Now also mandatory for the products without Nicotine !
  • A recommendation to keep the product out of the reach of children must be present on the packaging in the form of text or a logo.
  • All ingredients of the product, including fragrances, flavors and allergens, must be listed by decreasing weight (up to 0.1%). 
  • Of course, also an indication of the nicotine content as well as the nicotine release per dose. 
  • Each package must also include a LOT number as well as a product ID according to the government notification system. 
  • Specifically, refill packages must have additional expiration dates that must not be exceeded. ( Not applicable to the disposables). 
  • Each product must also contain an insert in Dutch, French & German with additional information (instructions for use, number of the poison control center, ...). 
  • Concerning the naming : If a suggestion of a taste, smell, odor or flavor substance, it may still be indicated with only one word. Important nuance, if there is no suggestion of a flavor, odor, fragrance or taste substance there is no restriction to a single word ! 
Examples not allowed: Red Fruit / Green Apple / Menthol Tobacco / Strawberry-Apple / ... 
Examples allowed: Strawberry / Apple / Ice / ... but therefore also Green Leafs / Red Forest / Mountain Gold / ... 
  • The designation must be indicated in weighted, normal and regular HELVETICA letters, in black or white, and with a font size of no more than 10. 
  • Remote sales to consumers and also remote purchases by consumers are prohibited ! Cross-border distance selling is permitted when permitted by the laws of the destination state. 

Timing

This decree shall enter into force six months after its publication in the Belgian National Gazette on January 11, 2023, except for retailers for whom the decree shall enter into force twelve months after its publication. 

Concretely : As of July 11, 2023, wholesalers may no longer offer products that do not meet the above obligations. Retailers still have until January 11, 2024 to sell out the stock they still have! 
SOURCE: Publication of the Royal Decree on the website of the Belgian National Gazette