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DRAFT
15 January 2021. No 65.

Order on a ban on advertising and visible location and display etc. of electronic cigarettes and refill containers with and without nicotine

Pursuant to § 18a(4) in the Act on a ban on electronic cigarettes, etc. cf. Act No 426 of 18 May 2016 on electronic cigarettes etc., as amended by § 2 in Act No 1558 of 18 December 2018 and § 3 in Act No xx of xx 2020, the following is laid down:
Pursuant to § 18, § 18a(4) in the Act on a ban on electronic cigarettes, etc. cf. Act No 426 of 18 May 2016 on electronic cigarettes etc., as amended by Act No 2071 of 21 December 2020, the following is laid down:

Chapter 1
Chapter 1

Definitions
Scope and definitions

§ 1. The following definitions apply for the purposes of this Order:
§ 1. This Order applies to:

1) Electronic cigarette: A product that can be used for consumption of nicotine-containing vapour via a mouth piece, or components of such a product, including a cartridge, a refillable tank and an arrangement without cartridge or refillable tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a refillable tank, or rechargeable with single-use cartridges.
electronic cigarettes and refill containers containing nicotine which are not authorised by a marketing authorisation under the Medicinal Products Act or in accordance with EU rules laying down Community procedures for the authorisation of medicinal products for human use or which are placed on the market as medical devices bearing the CE marking in accordance with the Medical Devices Order, and

2) Refill container with nicotine: A receptacle that contains a nicotine-containing liquid, which can be used to refill an electronic cigarette with nicotine.
electronic cigarettes and refill containers without nicotine.

3) Refill container without nicotine: A receptacle that contains a liquid not containing nicotine, which can be used to refill an electronic cigarette without nicotine.
Paragraph 2. The following definitions apply for the purposes of this Order:

Chapter 2
Electronic cigarette: A product that can be used for consumption of nicotine-containing vapour via a mouth piece, or components of such a product, including a cartridge, a refillable tank and an arrangement without cartridge or refillable tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a refillable tank, or rechargeable with single-use cartridges.

Refill container: A receptacle that contains a nicotine-containing liquid or liquid not containing nicotine, which can be used to refill an electronic cigarette with or without nicotine.

Chapter 2

Advertising

§ 2. All forms of advertising for electronic cigarettes and refill containers with and without nicotine are prohibited, cf. § 16(1) of the Act on electronic cigarettes, etc.
§ 2. All forms of advertising for electronic cigarettes and refill containers are prohibited, see § 16(1) of the Act on electronic cigarettes etc.

Paragraph 2. The ban on advertising in paragraph 1 includes a ban on:
Paragraph 2. The ban on advertising in subsection 1 includes a ban on:

1) The use of a name, brand, symbol or other symbol mainly familiar from electronic cigarettes and refill containers, in advertising for other products and services;
The use of a name, brand, symbol or other symbol mainly familiar from electronic cigarettes and refill containers, in advertising for other products and services;

2) Marketing electronic cigarettes and refill containers with the help of a name, brand, symbol or other feature which is known or in use as the brand for other goods and services.
Marketing of electronic cigarettes and refill containers with the help of a name, brand, symbol or other feature which is known or in use as the brand for other goods and services.

3) Marketing of electronic cigarettes and refill containers with the help of names, brands, symbols, figures or the like that are mainly directed at children and young people under 18 years of age.
Marketing of electronic cigarettes and refill containers with the help of names, brands, symbols, figures or the like that are mainly directed at children and young people under 18 years of age.

4) Use of layout, design or particular colour combinations associated with particular electronic cigarettes and refill containers with and without nicotine.
Use of layout, design or particular colour combinations associated with particular electronic cigarettes and refill containers.

5) Use of recognisable electronic cigarettes and refill containers in advertising for other products and services.
Use of recognisable electronic cigarettes and refill containers in advertising for other products and services.

Paragraph 3. However, the ban in paragraph 1 does not apply to the following:
Paragraph 3. However, the ban in subsection 1 does not apply to the following:

1) notifications exclusively directed at professionals in the sector,
Advertising in the press and other printed publications intended solely for professionals in the electronic cigarettes or refill container industry and in publications printed and published in third countries, provided that they are not primarily intended for the Union market.

2) use of a name which before 7 June 2016 was used both for electronic cigarettes and refill containers and other goods or services, to advertise these other products, so long as the name appears in a form which is clearly distinct from how the name appears on the electronic cigarette and refill container.
Use of a name which before 7 June 2016 was used both for electronic cigarettes and refill containers and other goods or services, to advertise these other products, so long as the name appears in a form which is clearly distinct from how the name appears on the electronic cigarette and refill container.

3) Use of a name known from tobacco products in advertising for other goods and services, if the other goods or services are only placed on the market in a limited geographical area.
Use of a name known from electronic cigarettes in advertising for other goods and services, if the other goods or services are only placed on the market in a limited geographical area.

Chapter 3

Ban on visual placement and display
Ban on visual placement and display for physical sales outlets

§ 3. Visible placement and display of electronic cigarettes and refill containers with and without nicotine at sales outlets, including on the internet, are prohibited.
§ 3. Visible placement and display of electronic cigarettes and refill containers at sales outlets are prohibited. However, the display of the assortment may be made at the prior request of the purchaser.

Paragraph 2. Products intended to be used in conjunction with the products covered by paragraph 1 are also included in the ban under paragraph 1.
Paragraph 2. Products intended to be used in conjunction with the products covered by paragraph 1 are also included in the ban under paragraph 1.

Paragraph 3. The ban in paragraph 2 includes, but is not limited to, chargers, empty refill containers, packaging, batteries or flavourings. The ban in paragraph 2 does not include products that have a more general intended use, unless they are specifically designed or marketed with reference to electronic cigarettes and refill containers with and without nicotine.
Paragraph 3. The ban in paragraph 2 includes, but is not limited to, chargers, empty refill containers, packaging, batteries or flavourings. The ban in paragraph 2 does not include products that have a more general intended use, unless they are specifically designed or marketed with reference to electronic cigarettes and refill containers.

Paragraph 4. In compliance with the ban in paragraphs 1 and 2, it is forbidden to:
Paragraph 4. In compliance with the ban in paragraphs 1 and 2, it is forbidden to:

directly or indirectly advertise or announce that electronic cigarettes and refill containers with and without nicotine are sold at the sales outlet,
directly or indirectly advertise or announce that electronic cigarettes and refill containers are sold at the sales outlet,

use illustrations, images, colours, logos, symbols or other means to give the consumer the impression that a reference is being made to products or product categories covered by paragraphs 1 and 2 or give the impression that such products are beneficial to health, less damaging than other products, act as an aid to stopping smoking or have other beneficial effects or advantages or
use text, illustrations, images, colours, logos, symbols or other means to give the consumer the impression that a reference is being made to products or product categories covered by paragraphs 1 and 2 or give the impression that such products are beneficial to health, less damaging than other products, act as an aid to stopping smoking or have other beneficial effects or advantages or

give such products prominence by colour, lighting or the like by comparison with the rest of the sales outlet.
give such products prominence by colour, special lighting or the like by comparison with the rest of the sales outlet.

Chapter 4
Chapter 4

Neutral information on products and prices
Neutral information on products and prices for physical sales outlets

§ 4. Sales outlets can give a purchaser neutral information on which electronic cigarettes and refill containers with and without nicotine are sold at the sales outlet and the price of the products.
§ 4. Physical sales outlets can give a purchaser a list containing neutral information on which electronic cigarettes and refill containers are sold at the sales outlet and the price of the products.

Paragraph 2. Information permitted under paragraph 1 includes:
Paragraph 2. Information permitted under paragraph 1 includes:

product brand and product name,
brand and product name,

number, weight and volume and
number, weight, size and volume, and

price.

Paragraph 3. The information included in paragraph 2 shall be displayed on a neutral list. The information on the list shall be displayed in black text on a white A4 sheet which may not have illustrations, pictures, bold print, colours, logos, symbols or other text, except as provided for in paragraph 4. No information on the list may be given greater prominence and the information shall:
Paragraph 3. The information on the list included in paragraph 2 must be displayed in black text on a white sheet of A4 paper or smaller, which may not have illustrations, pictures, colours, logos, symbols or other text, except as provided for in paragraph 4. No information on the list may be given greater prominence and the information shall:

appear in alphabetical order based on product name,
appear in alphabetical order based on brand,

appear in the sequence: Product brand, product name, number, weight and volume and price,
appear for each product in the sequence: Brand, product name, number, weight, size, volume and price, and

be shown in Helvetica font size up to 14 point and
be shown with the same font and font size. The font size may not exceed 14 points.

be left-adjusted.
Paragraph 4. The list in accordance with paragraph 3 shall contain a graph prepared by the Danish Health Authority on the age limit for the sale of electronic cigarettes and refill containers, see § 15(1) of the Act on electronic cigarettes etc.

Paragraph 4. The neutral list in accordance with paragraph 3 shall contain information on the age limit for the sale of electronic cigarettes and refill containers with and without nicotine, cf. § 15(1) in the Act on electronic cigarettes etc. prepared by the Danish Health Authority.
Paragraph 5. Each product on the list under paragraph 3 can be assigned a number.

Paragraph 5. Each product on the neutral list under paragraph 3 can be assigned a number.
Paragraph 6. The list under paragraph 3 can be divided into one or more of the following categories: ‘Electronic cigarettes’, ‘Refill containers’, ‘Electronic cigarettes equipment’ and ‘Others’. The categories in the list may be subdivided into products with and without nicotine. The classification in the categories shall be in accordance with the definitions of electronic cigarettes and refill containers in the Act on electronic cigarettes etc.

Paragraph 6. The neutral list under paragraph 3 can be divided into one or more of the following categories: ‘E-cigarette’, ‘Refill containers with e-liquid’, ‘Combined packs’ and ‘Others’. A product shall be listed under the category to which it belongs.

Paragraph 7. In physical sales outlets, the neutral list under paragraph 3 may be shown on request by a purchaser or displayed at a manned sales till.
Paragraph 7. The list under paragraph 3 may be shown on request by a purchaser or displayed at a manned sales till.

Chapter 5

Sale by digital solutions and online
Sale online and by digital solutions

§ 5. The ban on visible placement and display of electronic cigarettes and refill containers with and without nicotine at sales outlets under § 3(1 and 2) also applies to sale using digital solutions, such as retailer home pages, internet shops, company home pages, company pages on social media and apps.
§ 5. The ban on visible placement and display of electronic cigarettes and refill containers under § 3(1)–(3) also applies to sale online and using digital solutions, such as retailer home pages, internet shops, company home pages, company pages on social media and apps which sell to or are targeted at consumers.

Paragraph 2. Sales outlets included in paragraph 1 can give the purchaser neutral information on which electronic cigarettes and refill containers with and without nicotine are sold at the sales outlet and the price of the products.
Paragraph 2. Sales outlets included in paragraph 1 can give the purchaser neutral information on which electronic cigarettes and refill containers are sold at the sales outlet and the price of the

Paragraph 3. Information permitted under paragraph 2 includes:
products. In addition, information may be provided on the packaging of the products, as well as technical information enabling the customer to assess which other products the item is compatible with.

product brand and product name,
Paragraph 3. The information referred to in paragraph 2 may not give the impression that electronic cigarettes or liquids in refill containers have a health benefit, are less harmful than other products, or have other beneficial effects or benefits.

number, weight and volume and
Paragraph 4. The information referred to in paragraph 2 may not appear on the front of the sales outlet, except that the categories ‘Electronic cigarettes’, ‘Refill containers’, ‘Electronic cigarettes equipment’ and ‘Other’ may be shown. The categories can be subdivided into products with and without nicotine.

price.
Paragraph 5. Information included in paragraph 2 may not be displayed with or accompanied by illustrations, pictures, colours, logos, symbols or other text. No information may be given prominence or be conspicuous, and the information must be displayed with the same font colour, font type and font size as are generally used when presenting products on the website.

Paragraph 4. Information included in paragraph 3 may not be displayed with or accompanied by illustrations, pictures, colours, logos, symbols or other text. This does not however apply to the symbol for ‘Place in basket’. No information may be given prominence, and the information shall be displayed in black with the same font type and size as is generally used in description of products on the home page.
Paragraph 6. The ban mentioned in paragraph 5 does not cover the symbol of “place in basket” or other matters relating to the functioning of the website and ensuring web accessibility.

Paragraph 5. Information in accordance with paragraph 4 may not the impression that electronic cigarettes and refill containers with and without nicotine are beneficial to health, less damaging than other products or have other beneficial effects or advantages.
Paragraph 7. Sales outlets covered by paragraph 1 may not provide an opportunity for customers or visitors to the page to review, give a rating or the like to products covered by paragraph 1, if the review etc. in any way becomes visible or accessible for the reviewers themselves or others not employed by the sales outlet selling the products.

Paragraph 6. Sales outlets covered by paragraph 1 from which electronic cigarettes and refill containers with and without nicotine are sold or encouraged to be sold may not provide an opportunity for customers or visitors to the page to review, give a rating or the like to products covered by paragraph 1, if the review etc. in any way becomes visible or accessible for the reviewer himself or others not employed by the sales outlet selling the products.
Paragraph 8. Sales outlets covered by paragraph 1 must ensure that, before the choice of product can be made, the customer is presented with a graphical image prepared by the Danish Health and Medicines Authority showing the age limit for the sale of electronic cigarettes and refill containers, see § 15(1) of the Act on electronic cigarettes etc.

Chapter 6
Chapter 6

Physical sales outlets that are specialised in the sale of electronic cigarettes and refill containers with and without nicotine
Physical sales outlets that are specialised in the sale of electronic cigarettes and refill containers

§ 6. The prohibition against visible placement and display under § 3(1 and 2) does not apply to the sale of electronic cigarettes and refill containers with and without nicotine in physical sales outlets which specialise in the sale of these products.
§ 6. The prohibition against visible placement and display under § 3(1 and 2) does not apply to the sale of electronic cigarettes and refill containers in physical sales outlets which specialise in the sale of these products.

Paragraph 2. A sales outlet under paragraph 1 is considered to be specialised in the sale of electronic cigarettes and refill containers with and without nicotine when the outlet exclusively or mainly sells electronic cigarettes and refill containers with and without nicotine.
Paragraph 2. A sales outlet under paragraph 1 is considered to be specialised in the sale of electronic cigarettes and refill containers when the outlet exclusively or mainly sells electronic cigarettes and refill containers with and without nicotine.

Paragraph 3. The exemption from the ban on visual location and display under paragraph 1 only applies to electronic cigarettes and refill containers with and without nicotine. If the sales outlet sells other products or tobacco products, tobacco surrogates or herbal smoking products, these are included in the ban under § 3(1 and 2) or § 2(1 and 2) in the Order on a ban on advertising, visual location and display etc. of tobacco products, tobacco surrogates and herbal smoking products.
Paragraph 3. The exemption from the ban on visual location and display under paragraph 1 only applies to electronic cigarettes and refill containers. If the sales outlet sells other products or tobacco products, tobacco surrogates or herbal smoking products, these are included in the ban

Paragraph 4. If a sales outlet under paragraph 1 sells electronic cigarettes and refill containers with and without nicotine through digital solutions, such as retailer home pages, internet shops, company home pages, company home pages on social media and apps, this is included in § 5.
under § 3(1 and 2) and in rules on neutral information about products and prices under § 4 in this Order or in § 2(1 and 2) and § 3 in the Order on a ban on visual location and display etc. of tobacco products, tobacco surrogates and herbal smoking products.

Paragraph 5. It is not permitted for a physical sales outlet under paragraph 1 to advertise electronic cigarettes and refill containers with and without nicotine at the sales outlet, in the shop window or on the shop front, except as provided for in paragraph 6. This includes:
Paragraph 4. If a sales outlet under paragraph 1 sells electronic cigarettes and refill containers through digital solutions, such as retailer home pages, internet shops, company home pages, company home pages on social media and apps, this is included in § 5.

directly or indirectly giving prominence to a particular product, company name, prices or other information on electronic cigarettes and refill containers with and without nicotine with the help of special lighting, colours, prominence given to products or names on shelves, prominent shelves or pictures, or
Paragraph 5. It is not permitted for a physical sales outlet under paragraph 1 to advertise electronic cigarettes and refill containers at the sales outlet, in the shop window or on the shop front, except as provided for in paragraph 6. This includes:

the situation where there may be no elements, including around the products, which may produce promotional effects, such as special lighting, the use of colours or effects that otherwise highlight a particular product, trade name, price or other for electronic cigarettes and refill containers; or