Germany has comprehensive advertising bans for tobacco products, heated tobacco and e-cigarettes, which apply equally to refill containers.
Legal framework
- § 18 TabakerzG: no misleading or health-related claims
- § 19 TabakerzG: ban on advertising in radio, press and online services, and on sponsoring
- § 20 TabakerzG: ban on audiovisual advertising; § 20b: outdoor advertising ban (phased in from 2022 to 2024)
- JuSchG: no sale to minors, including mail order
Case law
- OLG Saarbrücken, 8 Sept 2021, 1 U 68/20 – online image advertising that promotes e-cigarettes over cigarettes breaches § 19 TabakerzG
- BGH, 11 March 2026, I ZR 106/25 – shipping e-cigarette tanks without age verification is unfair
Case examples
Instagram shop
A vape shop shows new flavours on Instagram with discount codes. This is prohibited online advertising.
“Healthier alternative”
A heated tobacco brand claims to be “less harmful”. Health-related claims are prohibited.
