Taiwan Vape E-Cigarettes Banned and Smoking Age Raised to 20

Taiwan’s Health and Welfare Department announced today that amendments to the Tobacco Hazards Prevention Act will take effect tomorrow, banning electronic cigarettes, regulating heated tobacco products, and raising the smoking age to 20.

The Legislative Yuan passed the amendments on January 12th this year. The Health and Welfare Department issued a press release today, stating that a press conference on “New Tobacco Hazards Prevention Act in effect, cracking down on illegal products” will be held tomorrow.

According to the press release, the amendment was officially announced on February 15th by presidential order, with the Executive Yuan scheduling implementation for March 22nd. Starting today, central and local authorities will carry out special inspections on illegal electronic cigarettes and heated tobacco products, publicizing the results to protect public health.

The Health and Welfare Department reiterated seven key points of the amendment:

1. A complete ban on electronic cigarettes, including manufacturing, importing, selling, supplying, displaying, advertising, and use.
2. Strict regulation of new types of tobacco products (such as heated tobacco), with the addition of a health risk assessment and review mechanism. Only products that pass the review can be manufactured and imported.

Additionally, essential components for using designated tobacco products must be submitted for review. If approved, regulations include: prohibiting sales through vending machines or online shopping where consumer age cannot be verified; banning specific promotional or advertising activities; not providing free supply in business premises; and not supplying to those under 20 years old.

Other key points include:

3. Raising the smoking age to under 20 years old.
4. Increasing the warning graphic and text coverage on tobacco product containers to 50%.
5. Banning the use of additives announced by the central competent authority.
6. Expanding smoke-free indoor and outdoor public places.
7. Increasing penalties, such as fines of up to 50 million New Taiwan Dollars for violating the electronic cigarette ban.

The Dong Foundation also issued a press release today, urging the government to enforce the law and remove all electronic cigarettes and heated tobacco products from the market. The foundation found nearly 200 physical e-cigarette and heated tobacco specialty stores in Taiwan through an online map search and about 700 sales messages for e-cigarette brands on the three major domestic shopping platforms.

Maximum Penalty to 10,000 TWD for Vaping

The Taiwan Legislative Yuan passed a third reading of a partial amendment to the Tobacco Hazards Prevention Act today, which covers heated tobacco products and devices, bans electronic cigarettes, and increases the pictorial warning ratio to 50% and the legal age to 20. The new law imposes heavy fines on illegal vendors of electronic cigarettes, with a maximum penalty of TWD 50 million.

In addition, because the new law prohibits electronic cigarettes, related penalties will also extend to users. The new law stipulates that a fine of TWD 2,000 to TWD 10,000 will be imposed if electronic cigarettes or unapproved heated tobacco products are used.

The newly amended article stipulates that the implementation date of the new law will be determined by the Executive Yuan. However, the amendment explanation stated that in order to ban electronic cigarettes and unapproved heated tobacco products without a health risk assessment, relevant regulations will be implemented within one month of the announcement of the tobacco control law, and pictorial warnings and flavored tobacco regulations will be implemented within one year of the announcement.

The Executive Yuan passed a draft amendment to the Tobacco Hazards Prevention Act in January last year, stipulating that those under the age of 20 are not allowed to smoke and that electronic cigarettes and flavored tobacco are prohibited, but heated tobacco products and other tobacco products are also regulated, and colleges and universities, kindergartens, and other places are designated as smoke-free areas, with expanded pictorial warnings.

The tobacco control draft underwent review by the Social Welfare and Environmental Hygiene Committee of the Legislative Yuan and several rounds of consultations between the ruling and opposition parties. It was scheduled for the Legislative Yuan meeting today and passed a third reading amendment, and will regulate heated tobacco products and ban electronic cigarettes in the future.

Although the term “heated tobacco products” does not appear in the new law, it stipulates that the central competent authority shall designate tobacco products and that manufacturers or importers should apply for a health risk assessment and approval before production or importation.

The amendment explanation stated that when a manufacturer submits health risk assessment data, they should also provide designated tobacco products and necessary component combinations, such as the heater for heated tobacco products.

To prevent manufacturers from advertising and marketing heated tobacco products after they have been listed, the newly amended article stipulates that tobacco products and designated tobacco product necessary component combinations are prohibited from any form of advertising and sales, and cannot claim to have passed a health risk assessment.

As for electronic cigarettes, they are classified as “tobacco-like products” under the new law, which stipulates that tobacco-like products or their component combinations are completely prohibited from manufacturing, selling, supplying, or advertising, and that anyone cannot use them.

The newly amended article stipulates that if a manufacturer produces, imports, sells, supplies, or advertises tobacco-like products or unapproved heated tobacco products and devices, a fine of TWD 10 million to TWD 50 million will be imposed, and they will be required to make improvements, recall, or destroy the products within the deadline. If they fail to do so, they will be fined TWD 500,000 per day.