E-cigarettes and e-liquids that contain nicotine are medical devices rather than consumer products and therefore require licensing, a Swedish appeals court has ruled.
In a previous case from July 2014, Sweden’s medical products agency convinced the administrative court in Uppsala that nicotine-containing e-cigarettes should be deemed medical devices and that as many as 30 products should be banned from sale to consumers. An e-cigarette supplier in Malmo challenged the ruling shortly after, and the prohibition was lifted until the appeal was heard. Sales of e-cigarettes were allowed to continue during the appeals process.
Following the appellate court’s most recent ruling, however, it is now illegal to import, distribute or sell e-cigarettes and nicotine-containing e-liquids commercially in Sweden, and violators could face penalties of approximately $80,000 per offense. Further appeals of the court’s most recent decision are planned and could result in another temporary suspension of the ban until a final decision is made by Sweden’s supreme administrative court. E-cigarettes and e-liquids that do not contain nicotine are unaffected by the ruling.