Luxembourg: many non-compliant vaping products on sale

Inspections carried out by the Luxembourg Environment Agency (AEV) have revealed numerous non-conformities in vaping products sold by specialist retailers, tobacconists and petrol stations. Thirty-nine of the forty-five samples inspected concerned products that had not been notified to the Luxembourg authorities and, under the Tobacco Act, cannot therefore be sold on the Luxembourg market.

Forty-five samples of single-use electronic cigarettes and e-liquids were purchased at eleven points of sale, mainly in specialist vaping stores but also in petrol stations and tobacco shops.[1].

Non-compliant labels on vaping products analyzed

The AEV states that it mainly checked the labelling and packaging of the products, in particular whether the packaging provided the necessary child safety as well as the mandatory health warning, which was the case for all products.

However, the agency indicates that the labeling was insufficient for twenty-seven products analyzed. Of these products, twenty presented non-conformities with the legislation, such as absences of pictograms, warning notices, hazard statements or the health warnings were not written in the national language (French or German). These products were banned from sale.

For the other seven products, the packaging marking was not satisfactory and the agency said an information letter will be sent to retailers to encourage voluntary corrective action.

With the mass arrival of disposable devices (puffs) in the European Union, many products not intended for European markets are on sale. Thus, within the framework of its observatories at points of sale[2], the National Committee against Smoking (CNCT) has identified vaping products on sale in France whose packaging was not compliant, including health warnings in English or Spanish. According to the CNCT, these products that are not declared to ANSES should not be on sale.

The majority of the products analyzed are not legally sold in Luxembourg

The Environment Administration also checked whether the products had been notified to the Luxembourg authorities in accordance with the tobacco law. Indeed, according to theArticle 4.8 of this law, "Manufacturers and importers of electronic cigarettes and refill containers are required to submit a notification to the Directorate concerning any such product that they intend to place on the market (...) six months before the intended date of placing on the market." Of the forty-five samples, thirty-nine had not been notified and were withdrawn from sale.

Laboratory analyses were also carried out to verify the chemical composition of thirteen single-use electronic cigarettes purchased by AEV. For these products, the results of the analyses were consistent with what was indicated on the packaging.

Unlike its Belgian and French neighbours, Luxembourg does not plan to ban disposable electronic devices in the near future. Between 2022 and 2023, the incidence of vaping increased from 21 to 36% among young people under 25.[3].

©Tobacco Free Generation

AE

[1] Communicated, E-cigarettes: inspections reveal non-conformities in labelling and notification, Government of Luxembourg, published on July 31, 2024, consulted on August 5, 2024

[2] Barometers of advertising of new tobacco and nicotine products at points of sale, CNCT

[3] Generation without tobacco, Luxembourg: Tobacco consumption stagnates at a high level, published on May 28, 2024, consulted on August 5, 2024