Policy Summary: 

Nicotine-containing e-cigarettes (like all tobacco products) are regulated by Law no 37/2007 of 14th August, with language provided in Law no 108/2015 of 26th August.

The regulation contains a requirement to notify the General Directorate of Health prior to introducing a product to the market and notification requires compliance with a range of product specifications including on pack warnings. Manufacturers or importers must also submit an annual report to the General Directorate of Health as specified in the law. Tax and Custom Authority must be informed and all necessary documents specified in the Excise Code provided 30 days before introducing e-cigarettes to the Portuguese market.

National and cross-border distance sales of e-cigarettes is prohibited. Sales to minors (under 18 years) is prohibited and this information must be displayed at points-of-sale of tobacco products and e-cigarettes. Sale of e-cigarettes at certain venues and through vending machines is restricted.

Nicotine content of e-liquid must be less than or equal to 20mg/mL. Single use e-cigarettes as well as e-cigarette tanks must not exceed 2mL, and volume of refill bottles must not exceed 10mL. E-liquid should not contain certain additives, and only high quality ingredients should be used in their manufacture. Except for nicotine, only ingredients that do not pose a risk to human health in heated or unheated form can be used in the nicotine-containing e-liquid. E-cigarettes must be able to deliver a dose of nicotine at a consistent level under normal conditions of use.

E-cigarettes and refill containers should be child- and tamper-proof, protected against breakage and leakage, and have a mechanism that ensures filling without leakage. Product packaging must contain health warnings and constituent information as specified in the law. The warning “Este produto contém nicotina, uma substância que cria forte dependência. Não é recomendado o seu uso por não fumadores” (“This product contains nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers”) must appear on the surface of unit packaging and any other packaging, and include information on cessation support. There are provisions that restrict the use of the packaging for advertisement or promotional purposes.

There are restrictions on e-cigarette advertising in print media (however, e-cigarette advertisement may be permitted in print media directed exclusively at professionals engaged in marketing e-cigarettes/tobacco products, as well as publications printed and published in non-EU countries). Advertising, promotion and sponsorship on electronic media is prohibited. Cross-border e-cigarette advertising and sponsorship is prohibited.

Use of nicotine-containing e-cigarettes is prohibited in certain public places and on public transportation.

For 2019, the excise tax on e-liquid is 0.31 euros per milliliter. 

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