National Council passes stricter rules for vapes, disposable e-cigarettes, and nicotine pouches

The core of the amendment is the ban on disposable e-cigarettes. With it, the government is reacting to data showing that around one in four 15-year-olds consumed e-cigarettes in the past month. In addition, tobacco-free nicotine products such as pouches will in future be treated equally with tobacco products, so that nicotine maximum limits and warning notices can also be applied to them.

Ban on disposable e-cigarettes and pouches regulation

Also passed was an explicit prohibition on the sale of tobacco-free nicotine products to minors under 18, as well as a ban on mail-order sales. This is intended to halt online trade of nicotine products to minors, which has hitherto been regarded as a gateway.

Violations will be punishable by administrative fines of 500 euros, and up to 2,000 euros in the case of a repeat offence. The penal provisions are scheduled to enter into force on the 20th of the following month. The regulations are thus aligned with the existing sanction framework for tobacco products.

Penalty framework and timeline

Königsberger-Ludwig cited the dynamics of the market as the reason for the urgency: "Der Markt für Nikotinprodukte hat sich massiv verändert. Deshalb verbieten wir Einweg-E-Zigaretten, setzen klare Regeln für neue Nikotinprodukte und stärken den Schutz von Kindern und Jugendlichen."

The State Secretary also pointed to the health consequences: 58 percent of the approximately 1,500 patients admitted as inpatients to Austrian hospitals last year with nicotine poisoning were under the age of four. Many cases were traced back to nicotine-containing pouches or liquids that were freely accessible in households.

Health background

By treating pouches and tobacco products equally, one is closing "eine wirkliche Lücke im Jugendschutz". In future, nicotine maximum limits and warning notices could be issued for such products – an instrument that previously existed only for classic tobacco products.

The planned ban on the disposal of e-cigarettes and liquids on children's playgrounds was also discussed in plenary. While the SPÖ, ÖVP, NEOS, and Greens regard this as an important contribution to cleanliness and the protection of children, the FPÖ criticised the regulation as too narrowly framed.

FPÖ criticism of disposal ban

The Freedom Party member of parliament Christoph Steiner argued that a ban limited exclusively to children's playgrounds does not go far enough: "Wenn ich das Tabakerzeugnis, das E-Liquid, dann wegwerfe irgendwo im Volksgarten oder so, ist es dann wieder wurscht." The FPÖ instead called for a comprehensive, area-wide littering ban for nicotine products.

The Greens, for their part, stressed the need for clear labelling and restrictions on flavours that specifically target young people. They pointed to experiences in other European countries where flavour bans had led to a significant decline in consumption among young people.

With the amendment, the government is pursuing a preventive approach: instead of banning individual products retroactively, the legislator should in future be able to react more quickly to new nicotine products. To this end, the responsibilities of the Ministry of Health are to be expanded so that product categories can be classified directly through regulation.

Königsberger-Ludwig warned in this context about the pace of innovation in the industry: "Gesundheitsschutz darf nicht langsamer sein als die Marketingabteilungen der Nikotinindustrie." The forthcoming regulation should therefore be designed to be technologically neutral and should not be tied to product designations.

Economic impact and EU context

For the economic actors concerned, the amendment entails far-reaching adjustments: manufacturers must redesign their product ranges, and retailers must review their distribution channels. Online retail is particularly affected, as the ban on mail-order sales is likely to cut off a significant sales channel.

After the first reading, the National Council referred the draft to the Health Committee, which is now carrying out the parliamentary fine-tuning. Should the law enter into force as planned, Austria would be one of the first EU countries to systematically include tobacco-free nicotine products in tobacco regulation.

Observers nevertheless expect legal disputes, particularly with regard to the proportionality of the mail-order sales ban and questions relating to the EU single market. The EU Commission had recently admonished several member states to avoid unilateral national action on nicotine products.

Regardless of this, addiction experts regard the decision as long overdue. They point out that nicotine consumption at a young age can impair brain development and significantly increase the risk of later dependency.

Outlook on further deliberations

The final vote in plenary is expected in the coming sitting weeks. Until then, amendments could still be introduced, particularly on flavour bans, packaging sizes, and transitional periods for trade.

What is certain is this: with its decision, the National Council is sending a clear signal to the nicotine industry and responding to a market change that has rapidly gained momentum in recent years through the emergence of disposable vapes and pouches.

The federal government announced that it would communicate the new rules jointly with addiction prevention facilities and schools. Information campaigns are intended to sensitise parents in particular to the risks of nicotine-containing products and to point to support services for those affected.