E-cigarette

What is it?

A device equipped with a heating element that heats a liquid composed of glycerine and propylene glycol, to which nicotine and chemical flavourings are added.

E-cigarettes are less harmful than cigarettes, but they are not risk-free.

Unlike tobacco, the liquid contained in electronic cigarettes does not contain tar or carbon monoxide.

However, it does contain and release potentially dangerous and even carcinogenic substances such as ethanol, formaldehyde, acrolein, acetaldehyde and heavy metals such as nickel, chromium, lead and aluminium.

E-cigarettes simulate the act of smoking

An e-cigarette is an electronic cigarette that simulates the act of smoking. It produces an odourless or flavoured vapour that resembles smoke. The person who inhales the vapour is called a ‘vaper’. They no longer ‘smoke’, they “vape”. And ‘vaping’ is the name given to the use of electronic cigarettes.

Disposable or refillable

Whether disposable or refillable, e-cigarettes always have three parts:

• a mouthpiece;
• a tank or cartridge that contains the liquid;
• a battery with a coil that heats the liquid (an atomiser) and turns it into vapour.

In the disposable version, these three elements are fixed together in a single piece. In the rechargeable version, liquid is refilled into the tank using a bottle or the cartridge is replaced.

E-liquid

E-liquid is the name given to the liquid used to refill e-cigarettes.

The liquid contained in e-cigarettes is generally composed of propylene glycol (which produces the smoke), glycerine and various additives.

The liquid is available with or without nicotine: this is optional, with different strengths available.

Advice – Nicotine use

Nicotine is toxic when ingested and can be fatal to children. It causes severe irritation on contact with the skin and mucous membranes. To avoid accidents, always use refills with safety caps.

Passive vaping

When someone vapes near you, the vapour releases potentially harmful substances into the air. But it's all about quantity and concentration.

Due to a lack of research, we don't know the long-term health risks of e-cigarettes. Studies are underway to measure the harmfulness of the vapours emitted.

Legal framework for electronic cigarettes

Position of the Luxembourg government

In Luxembourg, smoking is prohibited in public places (law of 11 August 2006), but the text does not mention ‘vaping’.

On 6 July 2016, the Government Council supported a bill aimed at transposing Directive 2014/40/EU on tobacco control.

This bill strengthens tobacco control and regulates many aspects of electronic cigarettes, such as:

• their placing on the market,
• the content of e-liquids,
• the nicotine concentration of e-liquids,
• the volume of refill units,
• consumer information,
• and advertising.

By adopting this bill, the government has supported the new safety and quality requirements applicable to electronic cigarettes.

Europe's position

Electronic cigarettes are regulated by European Directive 2014/40/EU of 3 April 2014 on tobacco products. The date of transposition of the Directive is 20 May 2016.

A Directive that opts for optimal consumer protection

This text opts for the precautionary principle and optimal consumer protection. It regulates many aspects of electronic cigarettes, such as their marketing, the content of e-liquids, consumer information, online sales and advertising.

For example, it stipulates that:

• liquids containing nicotine must not pose a risk to human health,
• e-cigarettes and refill containers must be fitted with child-resistant packaging,
• packaging must carry a warning about the high addictiveness of the product.

A Directive that aims to keep pace with product developments

The Directive allows for medium- and long-term monitoring of developments in this product.

Member States are required to monitor market developments, including any evidence that indicates that the use of this product is a gateway to smoking for young people and non-smokers, causes nicotine dependence and ultimately leads to the consumption of traditional cigarettes.

In addition, on 20 May 2016, the Commission will submit a report on the possible health risks of electronic cigarettes. If the marketing of electronic cigarettes has been banned on grounds duly justified by at least three Member States, the Commission may extend this ban to all Member States, provided that this measure is proportionate.