Germany updates nicotine free rules for 2021
On the 2 June 2020, the German government voted to further tighten the national rules that regulate electronic cigarette and vaping products, with extra implications for short fill, long fill and 0mg nicotine free products.
The changes to the act largely see the rules for nicotine free products becoming more in line with those for products which contain nicotine.
From the start of next year on 1 January 2021, ingredients such as acetylpropionyl, diacetyl and formaldehyde which are currently prohibited in nicotine containing products will also prohibited in nicotine free products.
Nicotine free products that are intended for use in electronic cigarettes and vape products will now have to go through the same Tobacco Products Directive (TPD) registration process including emissions testing as products which contain nicotine. These rules apply to any affected products which are on the German market by 31 December 2020. As with nicotine containing products, these will also have to be include a contraindications document and be subject to a six month waiting period from initial submission to the product going on sale.
Any products on sale which do not comply with the new rules can continue to be sold until 31 March 2021.
In terms of how the updates will affect your ability to advertise, brands selling online will need to stop all online advertising from 1 January 2021. From this date, all adverts for short fill, long fill nicotine free products intended for use in electronic cigarette and vape products are banned, bringing the rules in line with those for nicotine containing products. Further into the future, at the start of 2024 all advertising in outdoor and public settings for electronic cigarette and vaping products will be banned.