Taiwan bans e-cigarettes, tightens tobacco laws

The revision of Taiwan's Tobacco Hazards Prevention Act includes banning e-cigarettes, tightening access to heated tobacco, raising the legal age for tobacco sales and broadening health warnings. However, the issue of flavors is still under debate.

The Tobacco Hazards Prevention Act, which defines the terms of access to tobacco products in Taiwan, had not been revised since 2009. Adopted in third reading in parliament, the broad outlines of its new version have now been established[1].

The production, distribution and sale of electronic cigarettes is prohibited

Among the measures voted, the production, distribution and sale of electronic cigarettes are now prohibited on the territory, whether disposable or rechargeable. The rapid growth of vaping among Taiwanese middle school students (1.9 % in 2018, 3.9 % in 2021) and high school students (3.4 % in 2018, 8.8 % in 2021) convinced the legislature to adopt strict and restrictive legislation for these products. Local ban initiatives, such as that of the Taichung Commune, had already been taken in this direction in 2020. Taiwan thus joins the 32 countries identified in 2021 by the World Health Organization (WHO) for having banned the sale of electronic cigarettes.[2].

The sale of heated tobacco products remains authorized, but is subject to stricter controls. Manufacturers must now provide a risk assessment report on these products for human health before receiving a marketing authorization. Advertising for these heated tobacco devices is prohibited. Heavy penalties, ranging from 10 to 50 million New Taiwan dollars (3 to 15 million €), will be imposed on professionals illegally importing e-cigarettes or heated tobacco devices.[3].

The legal age of sale is raised to 20 years

Other measures complete the system. The legal age of sale of tobacco products is thus raised from 18 to 20 years. The size of health warnings is enlarged, going from 35 % to 50 % of the main surface of cigarette packets. The 2019 regulation, which made all types of educational establishments and most of their surroundings smoke-free, from daycare centers to university campuses, is included among the amendments to the Tobacco Hazards Prevention Act.

However, anti-smoking activists regret that the wording of the article restricting the use of additives and flavourings is not sufficiently precise, and fear that manufacturers will find possible sources of circumvention there.

In the wake of the WHO Framework Convention

Taiwan is not a member of the WHO and therefore cannot ratify the Framework Convention on Tobacco Control (CCLAT), but is explicitly in line with its path and is very directly inspired by it. The country already produces reports that refer to it, such as the one presenting its situation in terms of the fight against smoking[4], and an amendment to the Tobacco Hazards Prevention Act even proposes to ratify it. One of the recently adopted amendments, for example, prohibits tobacco producers from making any direct or indirect donations to individuals, groups or events, with a view to promoting or advertising their products; this corresponds to prohibiting sponsorship operations, but could also apply to certain corporate social responsibility (CSR) actions. With a smoking prevalence rate falling from 26.5 % in 2005 to 20 % in 2015[5], Taiwan appears well on its way to achieving its goal of a major reduction in smoking.

Keywords: Taiwan, legislation, electronic cigarettes, heated tobacco, legal age

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[1] Tsu-ti H, Taiwan poised to ban vaping products, Taiwan News, published January 12, 2023, accessed January 13, 2023.

[2] WHO report on the global tobacco epidemic, 2021: new and emerging products, WHO, published July 27, 2021, accessed January 13, 2023.

[3] Chung J, Lawmakers tighten screws on HTPs, ban e-cigarettes, Taipei Times, published January 13, 2023, accessed January 13, 2023.

[4] Taiwan Tobacco Control Report 2020, Health Promotion Administration, 2021, 168 p.

[5] Sanna M, Gao W, Chiu YW, et al. Tobacco control within and beyond WHO MPOWER:outcomes from Taiwan SimSmoke, Tob Control, 2020;29:36–42.