New regulation on e-cigarettes comes into force. Stricter rules for sale and use

New regulation on e-cigarettes comes into force. Stricter rules for sale and use

As of today, 1 December 2025, a new regulation governing the sale and use of electronic cigarettes has come into force. The aim is to increase consumer protection, limit the availability of risky products to children and adolescents, and strengthen oversight of the market for e-cigarettes and refills. The new rules clarify the obligations of sellers, define clearer product categories based on nicotine content, and establish mandatory consumer information on safe use. Greater emphasis is also placed on verifying the origin of products and ensuring compliance with limits on the volume and concentration of refills. The decree also includes changes to product labeling, stricter requirements for the quality of refills, and an expansion of the powers of supervisory authorities. The new conditions are intended to contribute to greater user safety and overall market transparency.

"I strongly recommend that all consumers always check the category of the product when purchasing e-cigarettes or refills, buy only from authorized retailers, and follow the recommended guidelines for safe use. These rules are not an end in themselves – they are intended to reduce the risk of health complications, limit the illegal market, and protect vulnerable groups, especially children and adolescents," said Jindřich Vobořil, Chairman of the Board of Trustees of the Institute for Rational Addiction Policies.

The Ministry of Decree No. 429/2025 Coll., which changes the rules for electronic cigarettes, refill cartridges, and herbal smoking products, represents another step towards rational, evidence-based regulation of nicotine products. The Czech Republic is thus continuing its long-term approach, which, according to our published memorandum Addiction Policy 2025+: The Road to a Sustainable Czech Republic, is based on seven principles. These include data-based regulation, harm reduction, and the rule of law and security. These principles and recommendations are also reflected in the decree. The new legislation targets areas where risks are identified, namely packaging, sweet flavours, and additives that promote addiction among young people, without at the same time denying the importance of regulated, safer alternatives for adult smokers. This regulation can serve as a valuable precedent not only within the Czech Republic, but also for countries seeking a balanced model of public health protection based on harm reduction rather than restriction for its own sake.

Main changes to the decree

The new legislation affects the entire architecture of the 2017 regulatory framework, expanding definitions of products, refill composition, warnings, packaging, and the obligations of manufacturers and importers. The legislation introduces several fundamental changes:

The regulation prohibits packaging resembling sweets, toys, game motifs, and other visual elements that may appeal to minors. These and similar elements have been repeatedly identified as one of the factors contributing to nicotine experimentation among underage youth.

A key change concerns the composition of products. The decree prohibits mineral/vegetable oils and fats (including as thinners), cannabinoids and derivatives, psychomodulatory and other addictive substances. Of particular importance is the ban on sugars, sweeteners, and other ingredients that create a sweet smell or flavour, with the exception of products with a defined “characteristic flavour”. In practice, this construction effectively eliminates confectionery and similarly appealing profiles. At the same time, the decree introduces annexes with absolute bans on ingredients and limits on selected substances. This element enhances safety and is in line with European standards (TPD, European Commission Decisions 2015/2183 and 2186).

In terms of labelling and warnings, more precise texts are now specified for nicotine and nicotine-free variants, along with rules on the placement of warnings (on the two largest surfaces, without interruption by a tax stamp) and a ban on any commentary on the warnings on the packaging. Information about flavour may only be provided as text marked with the word “flavour”. Mandatory graphic symbols “18+”, additional warnings for pregnant and breastfeeding women, and instructions to keep products out of the reach of persons under 18 years of age have been added. QR codes and barcodes may be used solely for mandatory information..

Importers and manufacturers will be required to provide a safety data sheet in accordance with REACH, comply with the ČSN EN 17647 standard for the production and storage of refills, and report data via the European portal. In addition, the decree introduces the concept of a responsible person for the Czech market, which will significantly strengthen the enforceability of the rules.

An example of good regulation that makes sense

It often happens that the regulation of nicotine products slips into ideology or moral judgment rather than rational risk analysis. The Czech approach has long been distinguished by its view of substance use policy through the prism of harm reduction rather than maximizing repression, as we described in a technical memorandum addressed to newly elected legislators and the incoming government. The new decree is precisely in this spirit.

The decree does not impose blanket bans on flavors or procedures that would put electronic cigarettes on a par with combustible tobacco, as we see in some other European countries. This allows regulated alternatives to remain available to people who would otherwise continue smoking. This detail has a significant impact on public health, as the transition from tobacco combustion to a less risky form of use is one of the most powerful factors in reducing smoking-related morbidity and mortality.

Let us return to the protection of minors. From a protection perspective, this is a well-targeted intervention. From the perspective of adult smokers, the regulation is not disproportionate and does not prevent the availability of less risky alternatives. And from the state's perspective, it brings a higher degree of control over the market, product quality, and safety.

In light of the European debate, which often oscillates between restrictive bans and, conversely, insufficient market control, this is a regulation that is professionally justified, strengthens public health, does not close the door to harm reduction policies, and has the potential to become a regulation that inspires other EU countries. This also corresponds to how we describe the Czech Republic's role in the European debate on addiction in our expert memorandum: a combination of rationality, scientific evidence, and pragmatic solutions that protect the most vulnerable but do not increase harm where it can be reduced.

Decree No. 429/2025 Coll. does not represent a silent ban on vaping or the removal of this category from the market, but rather a high-quality targeting of the parameters described above. Within the framework of European rules, this is a proportionate step that fits in with the Czech tradition of rational harm reduction policy. The Czech Republic is once again demonstrating that even on sensitive issues relating to addictive substances, it is possible to adopt regulations that are objective, comprehensible, and truly effective. For other European countries, this amendment may serve as inspiration on how to strike a balance between protecting minors and reducing harm among the adult population.