Sale of electronic cigarettes to minors banned: President Klaus Iohannis signs law into effect

On Wednesday, President Klaus Iohannis promulgated a law amending and supplementing various normative acts in the field of tobacco products, as reported by the Presidential Administration. The legislative act, initiated by PSD deputy Alfred Simonis, bans the sale of electronic cigarettes to minors, according to News.ro.

In an effort to reduce children and young people’s exposure to tobacco products, the legislative act signed by the head of state extends the ban on vending machine sales as well as prohibiting the sale of electronic cigarettes, refill bottles for cigarettes, and electronic devices for heating tobacco to individuals under 18 years of age.

Furthermore, educational institutions are tasked with the responsibility to include in their regulations coercive measures against students for violating provisions related to the sale/possession and use of all categories of tobacco-containing products, electronic cigarettes, and electronic devices for heating tobacco within their premises.

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The law also adopts the definition of electronic cigarettes and electronic cigarette refill bottles as outlined in European legislation.

One of the amendments to the bill adopted by Parliament and promulgated by President Klaus Iohannis defines electronic devices for heating tobacco and products intended for inhalation without combustion from tobacco substitutes, electronic cigarettes, refill bottles, nicotine pouches for oral use, and products intended for inhalation without combustion from tobacco substitutes.

„The introduction to the market of nicotine pouches for oral use that do not comply with the provisions of this law is prohibited. The nicotine level contained in each pouch cannot exceed 20 mg/pouch,” the law further stipulates.

It is also forbidden for students in all educational institutions to smoke or use all categories of tobacco-containing products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, including nicotine pouches for oral use and products intended for inhalation without combustion from tobacco substitutes.

Furthermore, the law prohibits „vending machine sales of all categories of tobacco-containing products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, including nicotine pouches for oral use and products intended for inhalation without combustion from tobacco substitutes.”

The sale of all categories of tobacco-containing products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, including nicotine pouches for oral use and products intended for inhalation without combustion from tobacco substitutes to individuals under 18 years of age is also banned.

„In order to verify the age of individuals purchasing these types of products, sellers may request the presentation of an identification document,” the source adds.

The sale through easybox/locker type devices of all categories of tobacco-containing products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, including oral use nicotine containers and products intended for inhalation without combustion from tobacco substitutes is prohibited. These products marketed through courier services must have printed on the package, as legibly as possible, the message: „Attention! This package contains tobacco products and/or nicotine-containing products. Customer’s age must be verified.”

The health operating license for units that sell tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, nicotine pouches for oral use, and products intended for inhalation without combustion from tobacco substitutes will include a special clause prohibiting the sale of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco, and products intended for inhalation without combustion from tobacco substitutes, nicotine pouches for oral use, and products intended for inhalation without combustion from tobacco substitutes to individuals under 18 years of age, as stipulated by the promulgated law.

The legislative initiative introduces penalties of up to 100,000 lei, depending on the severity of the act.

„The Ministry of Education establishes, through the Framework Regulation for the Organization and Operation of Pre-University Education Institutions, the penalties applicable to students for violating provisions related to the sale/possession and use of all categories of tobacco-containing products, electronic cigarettes, refill bottles for electronic cigarettes, and electronic devices for heating tobacco, within educational institution premises,” the source mentioned indicates.

On December 4, 2023, the Senate adopted the project as the first forum notified, and the vote from February 27 by the Chamber of Deputies was decisive.