Amendment to the Austrian Tobacco Law - Proposed to ban disposable e-cigarettes and introduce a new category of smoke-free products

The Austrian Federal Parliament recently passed a major amendment to the Tobacco Products and Non-Smoker Protection Act (TNRSG), which comprehensively bans disposable electronic cigarettes (with or without nicotine) and introduces a new category of smoke-free products.

I. Update of core definitions and expansion of regulatory scope

1. Definition update: The definition of "nicotine" has been simplified to "nicotine alkaloid". This means that nicotine, whether derived from tobacco or synthesized artificially, will be subject to the same regulation.

2. Two new types of regulated products have been added:

Smoke-free nicotine products (such as nicotine pouches)

Smokeless nicotine products refer to any tobacco-free products containing nicotine, intended for human ingestion through inhalation, nasal inhalation, sucking, chewing, oral consumption, skin contact, or other means, but excluding electronic cigarettes, refill containers, e-liquid, or herbal smoking products.

Smoke-free nicotine replacement products

Smokeless nicotine replacement products refer to products that contain neither tobacco nor nicotine, and can be consumed like smokeless nicotine products, but are not herbal smoking products, electronic cigarettes, or e-liquid.

II. Requirements for updating electronic cigarettes

1. The sale of disposable electronic cigarettes (with or without nicotine) is prohibited

2. Definition of disposable electronic cigarette: refers to an electronic cigarette equipped with a non-rechargeable battery or a non-refillable e-liquid

3. The safety replenishment mechanism for refillable electronic cigarettes and supplementary containers must comply with one of the following mandatory standards:

Use an extended drop nozzle with flow rate limitation (length ≥ 9mm, flow rate ≤ 20 drops/minute).

The closed docking system is adopted, allowing the delivery of e-liquid only when the product is docked with the container.

4. Specification requirements

The content must include:

1) Usage and storage instructions

• It must include a clear warning against use by children, adolescents, and non-smokers

2) Supplementary explanations and charts

• Provide corresponding supplementary explanations and illustrations based on the type of refill mechanism of electronic cigarettes

3) Compatibility information (specific to a particular supplementation mechanism)

For products with a drip nozzle:

• The width of the drip nozzle must be indicated in the instruction manual

• Consumers can determine whether the refill container is compatible with the electronic cigarette based on this

For products with a connectivity system:

• The instruction manual must specify which connection system is compatible with the electronic cigarette and the refill container

III. Requirements for smoke-free nicotine and alternative products

Packaging and labeling requirements

A. Packaging regulations for smoke-free nicotine products

Mandatory warning:

"This product contains nicotine, a highly addictive substance. It is not recommended for non-smokers."

Mandatory information label:

"This product is not intended for consumption by children and teenagers."

Label placement requirements:

• Warning slogans and information labels must be affixed in a non-removable manner on the side or bottom of each package and outer packaging

• Labels must be clear and conspicuous

Information that must be included:

1. Ingredient List - List all ingredients in descending order of weight (ingredients greater than 0.1% must be labeled)

2. Unit weight

3. Nicotine content and dosage

4. Batch number

5. Manufacturer's contact information

Spice labeling: It can only be listed in the ingredient list and must not be prominently advertised

Technical parameter limitations:

• Each individual consumption unit must not exceed 1.6 grams

• Nicotine content not exceeding 16.6 mg/g

• Each package contains a minimum of 15 consumer units

B. Packaging regulations for smoke-free nicotine replacement products

Mandatory warning:

"The use of this product may cause health hazards."

Mandatory information label:

"This product is not intended for consumption by children and teenagers."

Label placement requirement: As for tobacco-free nicotine products

Mandatory information:

1) Ingredient List - List all ingredients in descending order of weight (ingredients greater than 0.1% must be labeled)

2) Unit weight

3) Batch number

4) Contact information of the manufacturer

Spice labeling: Spices can only be listed in the ingredient list and must not be prominently advertised

Product notification requirements

Who needs to be notified:

Manufacturer or importer

Timing of notification:

The notification must be made at least 6 months before the product is launched for sale

Notification of product changes

If there is a change in the ingredients or ingredient content of the product, the manufacturer or importer must:

• Submit a revised notification to the Minister of Health at least 6 months before the launch of the changed product

• Provide complete change information

IV. Effectiveness and Transitional Arrangements

The draft is proposed to take effect on July 1, 2026, with the specific effective date yet to be confirmed by the European Commission. For products that have been listed before the new regulations come into effect but do not meet the new requirements, the transition period and related implementation time are shown in the table below. The time nodes listed in the table below are based on the currently published draft content, and the officially published legal text shall prevail.

Product type Supply deadline for retailers Sales deadline for consumers

Products that do not comply with the new regulations: December 31, 2026 to June 30, 2027

Disposable electronic cigarettes: August 31, 2026 - December 31, 2026

* Smoke-free nicotine products must be notified by December 31, 2026

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Shenzhen Element Testing Co., Ltd. (abbreviated as Element) specializes in providing testing and compliance services to electronic atomizer enterprises.

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Element adheres to the study of laws, regulations, and testing standards, continuously delivers the latest legal and regulatory information to customers, and promptly completes the method validation of new testing standards and applies them to the testing of related products.