I. What aspects of vaping are regulated by the laws of different countries?
In the context of increasing users, social awareness is more open to vaping, vaping is gradually becoming a legitimate need of people around the world. The market has been formed from the law of supply and demand, and the law was born for the purpose of regulating social behavior, also attracting the attention of both users and governments.
The sale of electronic cigarettes (e-cigarettes) is a growing concern in many countries. To address this issue, 85 countries/jurisdictions have adopted regulatory measures on the sale, advertising and use of e-cigarettes. These measures include restrictions on product types, age restrictions, health warnings and many other aspects.
To make it easier to visualize, the law affects not only the sale/business of electronic cigarettes, there are many aspects that managers are interested in and can list: Impact on public health, impact on personal health, impact on market business behavior, impact on current policies, etc.
So those who are interested and want to follow the possibilities that may take place in the law, what aspects may it impact in Vietnam in the future?
We can refer to some of the numbers presented below, the article suggests comparing the numbers to help us visualize more easily, which aspects most countries are mainly interested in.
56 countries/territories have enacted laws restricting the minimum age for purchasing and/or using e-cigarettes.
85 countries/jurisdictions have adopted regulatory measures on the sale, advertising and use of e-cigarettes.
55 countries and jurisdictions allow the sale of e-cigarettes, but there are a number of regulations surrounding it such as marketing authorizations, restrictions on cross-border sales, controls on stores where they can be sold
In 26 countries/regions, the sale of all e-cigarettes has been banned.
78 Countries/jurisdictions that ban or regulate e-cigarette marketing
Six countries have introduced restrictions on advertising of e-cigarette products containing nicotine.
51 countries/jurisdictions have implemented mandatory health warnings on e-cigarette packaging to raise consumer awareness.
38 countries/regions have implemented strict child-safe packaging regulations to protect children from any potential hazards.
39 countries/jurisdictions have laws regulating nicotine levels in e-liquids.
In 39 countries/jurisdictions, none of them allow the use of any ingredients that are potentially harmful to human health , even if they are used to flavor or condition e-liquids containing nicotine.
34 countries and jurisdictions have guidelines to ensure that the nicotine used in e-cigarettes and other ingredients are of high quality.
Forty-three jurisdictions globally have rules that apply to e-cigarette manufacturers and retailers, requiring them to notify relevant authorities before offering products for sale.
68 countries and/or jurisdictions have legally or implicitly banned the use of e-cigarettes in public areas.
35 countries/jurisdictions impose different taxes on vaping products.
19 countries/jurisdictions impose excise taxes on certain goods, depending on the quantity purchased.
15 countries/jurisdictions impose value-added tax (VAT).
II. Age allowed to use vape in some countries around the world
Underage vaping is a problem. Legal age regulation is the first and easiest step to take to combat this problem. Several countries have adopted age regulations around the world to protect underage users, and to protect the legal rights of adults who want to replace traditional cigarettes.
Vape is a new product with many attractive features for young people, a prominent feature is the consumption trend, or the trend of using vape as a tool to communicate, to satisfy the desire to belong to a modern community. The use of electronic cigarettes by minors is certainly a problem, and not only electronic cigarettes, this problem still exists with traditional cigarettes. In parallel, vape is increasingly proving its role in reducing the harmful effects of traditional cigarettes on a community scale.
Therefore, regulating the age of permission to use electronic cigarettes is the first step to help vape in particular, and the vape community in general, based on the voice and direction of the law to push back the problem of nicotine use among minors. In reality, it depends on many factors: awareness, ability to enforce, etc.
In an effort to reduce the risks of e-cigarette use and protect the younger generation, 56 countries/territories have enacted laws limiting the minimum age for purchasing and/or using e-cigarettes . Such measures are important in protecting adolescents from the potential health risks associated with nicotine products, as well as preventing them from developing addiction at a young age.
Minimum purchase age is 18 years old
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Austria, Azerbaijan, Belgium, Bulgaria, Canada, China, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, UK, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Greenland, Iceland, Israel, Italy, Kuwait, Lithuania, Luxembourg, Malaysia, Maldives, Moldova, Netherlands, New Zealand, Northern Ireland, Norway, Papua New Guinea, Paraguay, Poland, Portugal, Scotland, Slovenia, Spain, Sweden, Tajikistan, Togo, Tuvalu, Ukraine, Vietnam and Wales
Minimum purchase age is 19 years old
Jordan, South Korea and Türkiye
Minimum purchase age is 21 years old
Guam, Honduras, Kuwait, Niue, Palau, Philippines and the United States
In Vietnam, we do not have any specific regulations on the age of permission to use vapes. However, the community of conscious users in Vietnam is a bright spot, there have been efforts to promote anti-vaping for people under 18+. There are still many limitations, but hopefully in the future, the law will have clear regulations and balance between legitimate needs and the problems arising from this awareness.
We can totally watch together.
III. A good sign
On April 18, Ho Chi Minh City Law Newspaper organized a discussion "New generation of cigarettes: Qualified for immediate management under current laws". The discussion was attended by many departments, managers, National Assembly delegates and experts.
The seminar is a place for managers and experts to present their views, recommendations, and propose solutions to effectively manage new generation tobacco products (NTOs).
Full information, read at the source article: Discussion 'New generation cigarettes: Qualified for immediate management under current law' posted on the website of Ho Chi Minh City Law Newspaper on April 18, 2023
*Notes when reading:
New generation tobacco (NLT) includes heated tobacco products (HTC) and electronic cigarettes (ELC). In some passages in the article, readers need to clearly distinguish between these two concepts.
Some notable opinions related to TLTHM in the discussion are incompletely summarized below:
Mr. Vu Van Trung, Vice President and General Secretary of Vietnam Consumer Protection Association
“TLHM has been around for a long time, but there is no legal document to manage this product. In fact, in average countries, there are strict legal regulations to manage and protect the health of consumers.
In reality, we cannot wait for legal regulations. We recommend that relevant ministries and branches look straight ahead and issue regulations on TLTHM management as soon as possible."
Ms. Pham Khanh Phong Lan, National Assembly Delegate, Head of Ho Chi Minh City Food Safety Management Board:
“In my opinion, we choose the least evil. This means that we cannot force consumers to quit smoking. This is impossible. Instead, we can completely explain to consumers the harmful effects of smoking, so that they can make their own choices.
In a way, I think new generation cigarettes are a solution to reduce the harmful effects of cigarettes. And consumers have the right to access this new generation of cigarettes. Because in reality, we cannot guide consumers to choose which product, when and how to smoke.”
What we can protect and intervene with consumers is through indirectly protecting the official source of goods, no smuggling, no counterfeit goods, no imitation goods. Therefore, no matter what tobacco product it is, in my opinion, it needs to be controlled and have specific management laws, harmonizing the interests of consumers and products."
Deputy Editor-in-Chief of Ho Chi Minh City Law Newspaper Nguyen Duc Hien said:
“...
Currently, TLTHM has been granted an international code, and has met all the criteria for tobacco management. With the experience of someone who also uses both traditional cigarettes and TLTHM, I realize that TLTHM has met the consumption needs of tobacco users.
…
According to experts' analysis, failure to manage TLTHM will cause major consequences for society such as the State not being able to collect taxes, consumer protection agencies also lack the legal basis to propagate, mobilize, educate, as well as inspect TLTHM. This also negatively affects the order of market management, causes inequality in the business environment, and makes it difficult to punish in criminal proceedings....
…
Third, regarding the urgency in managing TLTHM, many years ago, the Government requested the completion of the legal framework for managing TLTHM. Until now, we still do not have legal documents, causing confusion for agencies such as Customs, Market Management... in management work.
…”
Based on the source of the article, readers can see that the managers have really been involved for a long time before releasing this information, with full aspects to help raise the general awareness of the interested community. At the same time, some opinions have also recognized TLTHM as a legitimate need of the people, a major change that helps society better understand TLTHM in general or TLĐT in particular. Promoting and soon promulgating legal regulations on TLTHM is the desire not only of the people, but also of legitimate TLTHM users, helping to prevent problems that arise when TLTHM spreads in today's society.
