Vaping Laws In Austria: What You Need To Know

Austria has a record of resisting nanny-state interference, with some of the lowest tobacco taxes in Western Europe. While tobacco advertising is only allowed at the point of sale, there is no ban on cigarette vending machines, and no display ban. In 2017, the Austrian government dropped plans to introduce a wide-ranging smoking ban that would have included vaping. Currently, there are no major restrictions on where people can vape in Austria, except in cars with passengers under the age of 18. E-cigarettes are available as consumer products, but they are classed as medicinal products and can only be sold with a license.

Vaping is not banned in Austria

Austria has a history of resisting nanny state interference and has one of the lowest tobacco taxes in Western Europe. In 2017, the country's new government dropped plans to introduce a wide-ranging smoking ban that would have included vaping. The only concession made was to ban smoking and vaping in cars with passengers under the age of 18.

E-cigarettes were once classified as medicinal products in Austria, effectively banning their sale. However, this is no longer the case, and e-cigarettes and vape juice are now available as consumer products. There is no specific tax on e-cigarette fluid, but cross-border sales are banned.

Austrian legislation regulates both nicotine-free and nicotine-containing products, going further than the EU Tobacco Products Directive (TPD). E-cigarettes are classified as tobacco-related products, which also includes novel tobacco products such as heated tobacco and herbal smoking products.

While vaping is not banned in Austria, there have been some calls for stricter regulations. The Austrian Association of Waste Management Companies has called for a ban on disposable e-cigarettes, citing environmental concerns. Additionally, the World Health Organization (WHO) has recommended that governments ban the use of electronic cigarettes indoors and prohibit their sale to people under the age of 18.

Overall, while vaping is not banned in Austria, there are some restrictions on the sale and use of e-cigarettes, and the government continues to review and amend the relevant legislation.

E-cigarettes are classed as medicinal products

E-cigarettes were once classed as medicinal products in Austria, which effectively banned their use. However, this is no longer the case. While e-cigarettes are still considered tobacco-related products, they are now available as consumer products.

The Austrian government permits vaping, but there are some restrictions in place. E-cigarettes and e-liquids are classed as medicinal products and can only be sold with a licence. This means that their sale is restricted to tobacconists, and they cannot be sold in vending machines. This restriction was introduced due to concerns over school-aged children buying e-cigarettes and smoking them in schools. The Austrian Ministry of Health also wanted to reduce the health effects related to cigarette smoking, believing that vaping is a gateway to greater tobacco use.

The Austrian Association of Waste Management Companies has called for a ban on disposable e-cigarettes, citing their negative environmental impact. There is also a health warning against vaping CBD oil, as it can lead to serious respiratory diseases if it gets into the lungs.

While there are no major restrictions on where people can vape in Austria, the government has introduced a ban on smoking in cars with passengers under the age of 18. This ban includes e-cigarettes.

There is no specific tax on e-cigarette fluid

E-cigarettes and vaping are restricted in Austria. The Austrian Ministry of Health has imposed restrictions on the sale of e-cigarettes and related products, including limiting their sale exclusively through tobacconists. This means that e-cigarettes and related products, including nicotine-containing and flavoured liquids, can only be sold at registered tobacco shops.

Despite these restrictions, there is no specific tax on e-cigarette fluid in Austria. E-cigarettes were once classified as medicinal products and effectively banned, but this is no longer the case. E-cigarettes and vape juice are now available as consumer products. However, cross-border sales are banned.

Austria's tobacco tax is among the lowest in Western Europe, and there is no duty on still wine. Tobacco advertising is only allowed at the point of sale, and there is no ban on cigarette vending machines. Austria has a good record of resisting nanny-state interference, and its approach to vaping reflects this.

While there are no specific taxes on e-cigarette fluid, the Austrian government has taken some steps to regulate the sale and use of vaping products. The Federal Ministry of Social Affairs, Health, Care and Consumer Protection has published a list of prohibited ingredients in e-cigarette and heated tobacco products, aiming to create legal certainty for manufacturers, importers, and distributors. Additionally, the Ministry has issued a health warning against certain vaping products that could lead to serious respiratory diseases if inhaled.

Overall, while there is no specific tax on e-cigarette fluid in Austria, the country has implemented some regulations surrounding the sale and use of vaping products, with a focus on protecting public health and creating legal certainty for the industry.

Cross-border sales of e-cigarettes are banned

The Austrian authorities' classification of e-cigarettes as medicinal products is in line with the approach taken in other European countries, such as France, where e-juice refills are also considered medical products. However, in Austria, there is no specific tax on e-cigarette fluid, and there are no other major restrictions on where people can vape.

The Austrian government's decision to restrict the sale of e-cigarettes to tobacconists has been criticised by some, who argue that tobacconists lack the experience, knowledge, and space to stock the wide range of vaping products and flavours. They also suggest that tobacconists will lack the incentive to help wean regular smokers off tobacco.

The European Union has implemented new rules on vaping since May 2016, which are contained in the Tobacco Products Directive. This directive sets out safety and quality requirements for e-cigarettes containing nicotine, including maximum nicotine concentrations and maximum volumes for cartridges, tanks, and nicotine liquid containers. While it does not ban vaping products, it requires that they carry health warnings and prohibits cross-border advertising and promotion.

Austria has a low tobacco tax

Austria has a relatively low tobacco tax compared to other Western European countries. In 2023, tobacco tax in the country amounted to a total annual payment of around €2.1 billion, making it the second-largest generator of excise tax revenue for the state after petroleum tax. While tobacco taxes are significant, contributing to 76% of the retail price of cigarettes, Austria's tobacco tax is among the lowest in Western Europe.

The Austrian government's model for calculating tobacco tax is complex. The excise tax on cigarettes is determined by a mixed tax rate, including a specific tobacco tax rate and a variable tobacco (ad-valorem) tax rate. In April 2024, the specific tobacco tax rate was €80.0 per 1,000 units of cigarettes, while the variable tobacco tax rate was 32.0% of the retail sales price. This model, which includes a decrease in the ad-valorem component, has been in force since 2018 and is set to continue until 2026.

Austria's low tobacco tax can be attributed to its resistance to nanny state interference. The country has no duty on non-sparkling wine and relatively low taxes on beer and spirits. Additionally, there is no ban on cigarette vending machines or cigarette advertising at the point of sale. Austria's stance on tobacco tax stands in contrast to other countries in the EU, such as Ireland, which levies a heavy tax of €9.30 ($11.97) per pack of 20 cigarettes.

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