Electronic cigarettes and refill containers

What is an e-cigarette and a refill container?

An electronic cigarette or e-cigarette is a product that can be used for consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. E-cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges.

A refill container is a receptacle that contains a nicotine-containing liquid, which can be used to refill an e-cigarette.

There are different street names for e-cigarettes and refill containers, some of the more common ones are e-cigs, e-hookahs, e-liquid, electronic nicotine delivery systems (ENDS), mods, tanks, vape, vapes and vape pens.

Products that are not classified as e-cigarettes or refill containers

The following products are not classified as e-cigarettes or refill containers according to the Act on Tobacco and Similar Products:

• E-cigarettes and refill containers classified as a narcotic drug or a substance harmful to health. These products are regulated by the Penal Law on Narcotics or the Prohibition of Certain Goods Dangerous to Health Act.
  • Hexahydrocannabinol (HHC) is covered by the Penal Law on Narcotics.
• Medical products or medical devices that is covered by the Medicinal Products Act or Act with Supplementary Provisions to Regulations (EU) on Medical Devices.

The Swedish Medical Products Agency says that:

• Cannabidiol (CBD) is covered by the Medicinal Products Act.
• Tetrahydrocannabinol (THC) is covered by the Penal Law on Narcotics.

Swedish Medical Products Agency (lakemedelsverket.se)

Market surveillance and supervision over e-cigarettes and refill containers

Only e-cigarettes and refill containers that comply with the Act on Tobacco and Similar Products may be available on the Swedish market. Please note that this also applies to e-cigarettes and refill containers intended for free circulation entering the European Union market.

A market surveillance or supervision authority can decide on an injunction or prohibition, with or without a fine, if a non-compliant e-cigarette or refill container is available on the Swedish market, or if the sale of e-cigarettes and refill containers is non-compliant with the rules.

The regulations on which this information is based

• Act (2018:2088) on Tobacco and Similar Products (riksdagen.se) (in Swedish)
• Decree (2019:223) on Tobacco and Similar Products (riksdagen.se) (in Swedish)
• The Public Health Agency of Sweden's regulations on Electronic Cigarettes and Refill Containers, HSLF-FS 2018:41 (in Swedish)
• The Product Safety Act (2004:451) (riksdagen.se) (In Swedish)
• Penal Law on Narcotics (1968:64) (riksdagen.se) (in Swedish)
• Prohibition of Certain Goods Dangerous to Health Act (1999:42) (riksdagen.se) (in Swedish)
• The Medicinal Products Act (2015:315) (riksdagen.se) (in Swedish)
• Act (2021:600) with Supplementary Provisions to Regulations (EU) on Medical Devices (riksdagen.se) (in Swedish)
• Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (eur-lex.europa.eu)

You are obliged to comply with the laws and regulations concerning e-cigarettes and refill containers. It is therefore your own responsibility to acquire knowledge of these. The information on this website is only intended to serve as an aid to you and does not replace what is stated in the law. There may also be other laws, or regulations from other authorities, that you need to be aware of. The Agency cannot guarantee that the information on this website is always up to date.