Trade in electronic cigarettes and refill containers

Sale of e-cigarettes and refill containers

When providing e-cigarettes and refill containers to consumers in Sweden, you should be aware of the following:

• Sales to consumers refer to retail trade. A retail outlet is a physical point of sale, which is a particular location or other delimited retail space, or a retail website.
• Sales of e-cigarettes and refill containers to consumers are subject to notification. The municipality may charge fees for their supervision of those who notify sales of e-cigarettes and refill containers.
• E-cigarettes and refill containers may only be sold or otherwise distributed to those who have reached the age of 18.
• A retail outlet or website must also have a clear and easily visible message with information about the 18-year age limit.
• Only e-cigarettes and refill containers that comply with the legal requirements in Sweden may be available to consumers on the Swedish market. As a retailer of e-cigarettes and refill containers, you have a responsibility to ensure that the products you provide to consumers on the Swedish market meet the legal requirements for product notification, annual reporting and labelling, and complies with the product requirements. Information that is not confidential about notified e-cigarettes and refill containers is displayed in the list.
• You need to establish and maintain a system for collecting information on any suspected adverse effects of e-cigarettes and refill containers on human health. This information must be provided to us upon request.
• Take action if you consider or have reason to believe that an e-cigarette or refill container is not safe or is not of good quality or is otherwise not in conformity with the Act on Tobacco and Similar Products or issued rule. Immediately inform us about the details of the deficiencies and of the action taken, and results of such action.
• The nicotine-containing liquid in e-cigarettes and refill containers can lead to poisoning thru accidental consumption, or if the liquid comes into contact with the skin. This can be fatal – especially for children. Please contact the Swedish Poisons Information Centre in case of acute poisonings, and for advice about suitable treatment in cases of poisoning.
• If you have questions about marketing and marketing measures at or in connection with a physical point of sale please contact the municipality. If you have any other questions about marketing of e-cigarettes and refill containers, please contact the Swedish Consumer Agency.

Acute poisonings and treatment in cases of poisoning (giftinformation.se)

Publicly available information on electronic cigarettes and refill containers

Requirements on electronic cigarettes and refill containers

Swedish Consumer Agency (konsumentverket.se)

Notification of sale to the municipality in Sweden

A notification of sale together with a self-monitoring programme is required in order to be able to conduct retail trade of e-cigarettes and refill containers to consumers in Sweden.

• Retailers with a physical point of sale who have their registered office or place of business in Sweden must notify the municipality where the physical point of sale is located. Please contact the municipality for more information about the notification.
• Retailers who do not have a physical point of sale but have their registered office or place of business in Sweden must notify the municipality where the company has its registered office. Please contact the municipality for more information about the notification.
• Retailers who do not have a physical point of sale or a registered office in Sweden must notify the municipality where the company has a permanent place of business. Please contact the municipality for more information about the notification.

Register cross-border distance sales to the Public Health Agency of Sweden

Cross-border distance sales of e-cigarettes and refill containers is when a retail outlet, who has neither a registered office nor a business in Sweden, provides e-cigarettes and refill containers to consumers in Sweden from another country via distance sales.

In order to conduct cross-border distance sales of e-cigarettes and refill containers to Sweden, retail outlets have to register information about such sales with us. The registration has to be confirmed by us before such sales are allowed. We will confirm the registration promptly.

You must immediately notify us:

• If provided information about the cross-border distance sales or the self-monitoring programme changes.
• When you end your cross-border distance sales to consumers in Sweden.

Voluntary form for registration

You can use the following voluntary form when you register cross-border distance sales of e-cigarettes and refill containers to us. In order for the registration to be complete, you must also provide your self-monitoring programme:

Registration form – Cross-border distance sales of electronic cigarettes and refill containers (PDF, 312 kB)(Öppnas i nytt fönster)

Please submit the form together with the self-monitoring programme to us, either by email or by post.

• info@folkhalsomyndigheten.se
• Postal address: Folkhälsomyndigheten (The Public Health Agency of Sweden), Enheten för tillsyn, 171 82 Solna, Sverige (Sweden)

Personal data

Retail outlets who engage in cross-border distance sales of e-cigarettes and refill containers must not disclose personal information about the consumer to the manufacturer of such products, companies forming part of the same group of companies or to other third parties.

Personal data must not be used or transferred for purposes other than the actual purchase.

Self-monitoring and self-monitoring programme

A retail outlet that engages in sales or cross-border distance sales of e-cigarettes and refill containers must practice self-monitoring and ensure that an appropriate self-monitoring programme exists and is enforced.

The self-monitoring programme and other information needed for the municipality and us must be attached to the notification of sale. Any changes to submitted information must be reported immediately to the municipality or us.

Age requirements

E-cigarettes and refill containers may only be sold or otherwise handed out to those who have reached the age of 18. The retail outlet must make sure that the recipient has reached that age. It must also be possible for the retailer to verify the recipient's age, for example by presenting valid identification. This applies to all types of sales, including those that take place through vending machines, distance selling or in a similar way.

If there is special reason to assume that the e-cigarette or refill container is intended to be handed over to someone who has not reached the age of 18, the product must not be handed over.

The retail outlet, including websites, must have a clear and clearly visible message with information about the ban on selling or handing out e-cigarettes and refill containers to those who have not reached the age of 18.

Control purchase

In order to provide a basis for a dialogue between the municipality and a retailer of e-cigarettes and refill containers about the obligation to ensure that the buyer has reached the age of 18, the municipality may conduct control purchases. The municipality may only hire a person over the age of 18 to conduct a control purchase.

A control purchase may be conducted without the retailer being notified in advance. The municipality must notify the retailer of the control purchase as soon as possible after a completed control purchase. A control purchase may not be used as the basis for an administrative sanction.

System for collecting information

Manufacturers, importers and distributors (wholesalers and retailers) of e-cigarettes and refill containers must establish and maintain a system for collecting information on any suspected adverse effects of these products on human health. This information must be provided to us upon request.

Requirement to take corrective actions

Manufacturers, importers or distributors (wholesalers and retailers) of e-cigarettes and refill containers that considers or has reason to believe that a product is not safe or is not of good quality or is otherwise not in conformity with the Act on Tobacco and Similar Products or issued rule, must immediately:

• take the corrective action necessary to bring the product concerned into conformity with the Act on Tobacco and Similar Products,
• withdraw the product, or
• recall the product.

If any corrective action is taken, the manufacturer, importer or distributor is also required to immediately inform us about the details of the deficiencies and of the corrective action taken, and of the results of such corrective action.

Voluntary form for notification of deficiencies

You can use the following voluntary form when you notify deficiencies to us:

Form – Notification of deficiencies (PDF, 234 kB)(Öppnas i nytt fönster)

Please submit the form to us, either by email or by post.

• info@folkhalsomyndigheten.se
• Postal address: Folkhälsomyndigheten (The Public Health Agency of Sweden), Enheten för produktkontroll, 171 82 Solna, Sverige (Sweden)