E-cigarettes
The devices themselves. Several markets regulate the device separately from the liquid, and at least one permits one subtype while banning the other.
verified 10.07.2026 · TPD Pro regulatory desk
Not every value on this page is confirmed.
Fields carrying a Draft marker come from a measure that is not in force. Fields carrying Needs check have not yet been verified at source. Both are marked individually next to the value, and the open questions are listed at the foot of this page.
Position
Where this stands, in words.
Lawfully marketable under tobacco law. Disposable devices remain lawful today, but a take-back obligation applies from July 2026 and an EU-wide sale prohibition is set for 18 February 2027.
TabakerzG
Requirements
Every parameter, with its source.
A field with no source is not shown at all — not shown with a caveat, not shown. Anything missing from this table is missing because it has not been verified, not because it does not apply.
Legal basis
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Base law
The act the category is governed by in this market.
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Tabakerzeugnisgesetz (TabakerzG)
TabakerzG gesetze-im-internet.de verified 10.07.2026
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Implementing act
The decree, regulation or ordinance carrying the detail.
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Tabakerzeugnisverordnung (TabakerzV)
TabakerzV gesetze-im-internet.de verified 10.07.2026
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EU-level regulation
Whether and how the category is covered by EU law. A category outside EU law is regulated market by market, with no common floor.
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Directive 2014/40/EU (TPD2) — transposed
Directive 2014/40/EU eur-lex.europa.eu verified 10.07.2026
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Competent authority
Who regulates, who supervises, and who receives the filing.
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BVL together with the Länder supervisory authorities
bvl.bund.de verified 10.07.2026
Composition and limits
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Container volume
Ceilings on refill container and tank or cartridge volume.
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Disposable device or pre-filled pod 2 ml maximum
§ 14 TabakerzG gesetze-im-internet.de verified 10.07.2026
Packaging and labelling
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Other packaging requirements
Leaflet, child resistance, tamper evidence, and prohibited presentation.
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Child, tamper and leak protection, and resistance to breakage
§§ 26–27 TabakerzV gesetze-im-internet.de verified 10.07.2026
Notification
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Notification channel
Where the filing goes. Not an assumption: some markets take these products outside EU-CEG entirely, and some have no channel at all.
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EU-CEG; administered by the BVL
§ 24 TabakerzV bvl.bund.de verified 10.07.2026
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Lead time
How far ahead of market entry the notification must be filed.
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6 months before market entry
§ 24 TabakerzV gesetze-im-internet.de verified 10.07.2026
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Annual reporting
The recurring obligation after market entry, and its deadline.
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Sales volumes for the preceding year, by 30 June
§ 25 TabakerzV gesetze-im-internet.de verified 10.07.2026
Sales
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Minimum age
The age below which sale is prohibited.
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18 years
§ 10 JuSchG gesetze-im-internet.de verified 10.07.2026
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Online and distance sale
Whether the product may be sold remotely, domestically and across borders.
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Permitted with an age-verification system; cross-border distance selling requires registration
§ 22 TabakerzG; § 31 TabakerzV gesetze-im-internet.de verified 10.07.2026
Excise and chemicals
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Advertising
What promotion is permitted, if any.
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Prohibited on radio, in print and online; outdoor advertising prohibited since 01.01.2024
§ 19, § 20a TabakerzG gesetze-im-internet.de verified 10.07.2026
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Excise
The rate and its basis of assessment. Five markets use four different units, so the unit travels with the figure.
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0.32 €/ml
Disposable devices are caught, the tax being assessed on liquid volume.
§ 1b TabStG; TabStMoG gesetze-im-internet.de verified 10.07.2026
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Chemicals legislation
REACH, CLP, safety data sheets and poison-centre notification, which apply in parallel to the product regime.
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CLP, REACH and the General Product Safety Regulation apply in parallel
Regulation (EC) 1272/2008; Regulation (EC) 1907/2006; Regulation (EU) 2023/988 bvl.bund.de verified 10.07.2026
Commonly misreported
What the internet gets wrong.
Nicotine-free e-liquids fall outside German tobacco law.
what the source saysThey do not. The second amending act to TabakerzG of 23 October 2020 extended the scope to nicotine-free e-cigarettes and refill containers, so the tobacco-law requirements apply to both. The excise is assessed on volume rather than nicotine and catches nicotine-free liquids, bases and flavourings as well.
2. ÄndG TabakerzG of 23.10.2020, BGBl I 2020, 2229; § 1b TabStG gesetze-im-internet.de
Not in force
What is coming for this category.
None of this is law today.
Prohibition on 13 flavour substances in e-liquids
A draft. It is not law and does not bind anyone.
A BMLEH ministerial draft of 23 January 2026 would prohibit 13 named flavour substances. Consultation closed on 13 February 2026. Commencement is realistically no earlier than late 2026 or early 2027, with a transitional period expected. Until it is enacted every flavour remains lawful, and the final list of substances is not settled.
BMLEH Referentenentwurf, 23.01.2026 bvl.bund.de
Removable and replaceable batteries required in new devices (EU Batteries Regulation, Art. 11)
Adopted, and takes effect on the date shown. Not in force before it.
From 18 February 2027, anyone placing a product with a portable battery on the EU market must make the battery readily removable and replaceable by the end user. This is a design requirement, not a sales ban, but it rules out new disposable e-cigarettes with sealed-in batteries. Separately, sellers in Germany must take back used disposable e-cigarettes from 1 July 2026 under the amended ElektroG. The federal government has named a national ban on disposables as a goal, but no bill has been published.
Regulation (EU) 2023/1542, Art. 11 and Art. 96(2)(a) eur-lex.europa.eu
TPD3 — revision of the EU Tobacco Products Directive
A draft. It is not law and does not bind anyone.
On 2 April 2026 the Commission published its evaluation of the Tobacco Products and Tobacco Advertising Directives (SWD(2026) 111). It found new public health concerns from e-cigarettes, heated tobacco and nicotine pouches, and problems with online promotion. A public consultation ran until 14 August 2026. A proposal to revise both directives is planned for December 2026 but has not been published.
Commission initiative 17612 (revision of Directives 2014/40/EU and 2003/33/EC); evaluation SWD(2026) 111 final, 02.04.2026 health.ec.europa.eu
Open questions
What we have not closed yet.
| Priority | Question | Where to look |
|---|---|---|
| High |
Prohibition on disposable e-cigarettes: the take-back duty from July 2026, the EU sale prohibition on 18.02.2027, and the text and scope of the national implementing act. |
BMLEH · BMUV · Bundesgesetzblatt |
| Medium |
Prohibition on 13 flavour substances in liquids (draft of 23.01.2026): the final list, the commencement date and the transitional period. blocks: flavour-restriction |
BMLEH · Bundesrat · Bundesgesetzblatt |
| Medium |
Which authority verifies the EU-CEG notification depends on the Land the business is established in. Identify it before filing. blocks: competent-authority |
Merkblätter of the relevant Land |
| Low |
Restrictions on where consumption is permitted are set by the Länder and by property rules; there is no single federal norm. |
The relevant Land or venue |
verified 10.07.2026 · TPD Pro regulatory desk