Trade in electronic cigarettes and refill containers
Sales of electronic cigarettes and refill containers to consumers in Sweden are subject to notification. When you provide electronic cigarettes and refill containers to consumers in Sweden, you as a trader should have knowledge about how these products are regulated in Sweden.
Sale of e-cigarettes and refill containers
When you provide e-cigarettes and refill containers to consumers in Sweden, you should know 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 handed out to those aged 18 or above.
- A retail outlet or website must also have a clear and easily visible message with information about the 18-year age limit.
- 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.
- Only e-cigarettes and refill containers that comply with the legal requirements in Sweden may be avialable 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.
Swedish Consumer Agency (konsumentverket.se)
Publicly available information on electronic cigarettes and refill containers
Requirements on electronic cigarettes and refill containers
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.
- A retailer who has a registered office or place of business in Sweden must notify the municipality where the physical point of sale is located.
- If you do not have a physical point of sale, notification must be made to the municipality where the company has its registered office.
- If there is no physical point of sale and the company does not have a registered office in Sweden, notification must be made to the municipality where the company has a permanent place of business.
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 is 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. You must also notify us when you end your cross-border distance sales to consumers in 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.
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:
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 produktkontroll, 171 82 Solna, Sverige (Sweden)
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
A manufacturer, importer or distributor (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)
Prohibited products that can pose a serious risk
If the we establishes or has reasonable grounds to believe that a specific e-cigarette or refill container, or a type of e-cigarette or refill container, may pose a serious risk to human health, may we prohibit the product from being provided to consumers on the Swedish market. This applies even if the product complies with the provisions of the Act on Tobacco and Similar Products.
The Agency has not prohibited any e-cigarettes and refill containers based on a serious risk to human health. If we were to prohibit a product on this basis, information about the product will be published when it gains legal force.
