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CBD vapes in Germany face new advertising bans, reporting requirements

Starting in January of 2021, Germany CBD vape manufacturers and retails will have to contend with the country’s recent changes to their tobacco law. Due to recent legislation passed by the German Bundestag on July 2nd, non-nicotine e-cigarettes and refillable containers will be regulated the say way as their nicotine counterparts. This means at all advertising restrictions on nicotine now apply to CBD vape products, as well.

The new advertising restrictions will apply to outdoor advertising, advertising played before some films, and free samples. The new law does not affect THC cannabis products in Germany, as they are considered narcotics and fall under a different set of laws.

With the new law, CBD vape manufacturers will also need to comply with EU guidance which regulates the ingredients that can be used in e-cigarettes. CBD vape manufacturers will also need to notify national authorities of their products’ ingredients and emissions, toxicological data, nicotine content and update, as well as with a description of the device. CBD vape products already on the market will have until July 1, 2021 to submit the needed documents.

Regarding the advertising changes in the law, lawmakers wrote that the new advertising rules were created partially to shield children from their influence. The changes to outdoor advertising state that ads can only be displayed in shop windows or on exterior walls at retail stores that sell CBD vape products. This means that CBD vape products are no longer able to be advertised on sidewalk columns or billboards. (Outdoor advertising restrictions don’t take effect until 2024.)