German Tobacco Products Act · TabakerzV · Compliance

E-Cigarette Law – Specialised Legal Advice

Electronic cigarettes are legally highly complex products. Compliance extends beyond the German Tobacco Products Act (TabakerzG) and the Tobacco Products Regulation (TabakerzV), which transposed Directive 2014/40/EU (TPD) into German law. Electronic cigarettes must also comply with regulations governing electrical devices and – where applicable – batteries. The CLP Regulation applies to the e-liquid contained therein. Furthermore, it must be strictly noted that e-liquid is now subject to tobacco duty. As one of the leading attorneys for e-cigarettes in Germany, I support you with dedication and expertise for your success in the German e-cigarette market.

Free initial consultation 04642 / 925 16 75

The legal framework established is not always drafted with the precision one would wish for. The required legal certainty develops over time through case law. I have been involved in major decisions on e-cigarette law.

In addition to the provisions of the Tobacco Products Act and Tobacco Products Ordinance, other laws, ordinances and EU regulations are also relevant. These include, for example, the REACH Regulation, the CLP Regulation, the Battery Ordinance, the Electrical and Electronic Waste Act or, from the date of application, Regulation (EU) 2023/988 (ProdSVO).

I provide advice on all legal matters relating to electronic cigarettes and their refill containers. This naturally includes advice on excise tax law (tobacco tax), as the liquid intended for vaporisation is now subject to tobacco tax.

I also provide advice on tobacco law and tobacco tax matters such as pipes and shisha tobacco.

Tobacco Products Act (TabakerzG) and Tobacco Products Ordinance (TabakerzV)

Compliance with the TabakerzG and TabakerzV is essential for legal business operations. I provide comprehensive advice on:

  • Product registration (EU-CEG)
  • Ingredient compliance and measurement requirements
  • Packaging, labelling and warning notices
  • Sales prohibitions and age verification
  • Distribution channels and licences
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Inhaltsstoff oder CAS-Nummer eingeben

Durchsuchen Sie 1.538 Einträge zu verbotenen und geplant verbotenen Stoffen in E-Liquids.

Unsure about e-liquid ingredients?

As a lawyer specialising in e-cigarette law, I advise you on the legally compliant composition of your products.

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Competition Law for E-Cigarettes

The business environment is highly competitive. I support you in protecting yourself against unfair practices and in addressing cease-and-desist letters. Furthermore, I help you enforce your own claims against competitors who violate trademark protection or fair competition principles.

Administrative Law

I represent your interests in administrative proceedings, for example in administrative procedures before your local supervisory authority or the competent federal authorities, such as the Federal Network Agency.

Tobacco Tax

I reliably resolve complex issues concerning tobacco tax (Tobacco Tax Act – TabStG).

Criminal Law – Prevention and Defence

Violations of the TabakerzG can result in criminal consequences. I assist you with:

  • Risk minimisation through proactive compliance
  • Criminal defence cases

PayPal Opinion for E-Cigarette Retailers

Many businesses require a legal opinion for PayPal to activate or reactivate their payment processing with PayPal. I prepare a professional opinion that you can submit to PayPal. I need some information from you for this. Please feel free to contact me or complete the relevant form online. I charge a flat fee of EUR 750 for the opinion (applies only to resellers of products obtained from German wholesale). Should you also require an opinion for tobacco products, please contact me. I am happy to assist you here as well.

Opinion for PayPal

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Landmark Decisions and Case Law

Case law on e-cigarettes continues to develop. I monitor current court decisions throughout the country and take these into account in my advice to provide you with the most up-to-date legal position. I was involved in key decisions on the interpretation of the TabakerzG.

Let me advise you to place your e-cigarette business on a secure legal foundation.

Do you need legal support in this area?

I am happy to assist. Contact me today for a free initial consultation on your legal matter.

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