A legislative process is currently ongoing in Germany to adapt tobacco legislation, which provides that nicotine-free e-cigarettes and liquids will be covered by German tobacco law from January 1, 2021 and will be subject to essentially the same legal provisions as products containing nicotine.

The law, that substantially equates nicotine-free vaping products with nicotine-containing ones, provides for a transitional period for products that were already placed on the market before 01.01.2021. Accordingly, these products must be notified within 6 months (until 01.07.2021).

As the Authority confirms, on 18 September 2020 the Federal Council decided to adopt the law approved by the Parliament.

In particular, it was welcomed:

• the equation of nicotine-free electronic cigarettes and refill liquids with nicotine-containing products in some respects, especially with regard to ingredients and advertising rules. Some exceptions are foreseen, for example the abolition of the 10 ml limit for refill containers of zero nic liquids.
• the issuance of further advertising bans for tobacco products, electronic cigarettes and refill liquids.
• the ban on free distribution of tobacco products, hookahs outside specialized commercial spaces and the ban on the display of tobacco products and vaping products are positively evaluated and as progress for the protection of consumer health.

The law does not provide for an adjustment of the prohibited substances in tobacco products or e-cigarettes.

The Federal Council then asks the Government, in the next revision of the Tobacco Act, to add further promotional restrictions to vaping products with and without nicotine.