E-cigarettes contain nicotine and are classified accordingly by law. So far so comprehensible. CBD Liquids demonstrably contain no nicotine and are classified by the legislator as if they contained the known nerve poison of the tobacco plant. Manufacturers and traders of CBD Vapes and Liquids are now confronted with this curious situation. As reported by Industry Global News 24, the German Bundestag recently decided that non-nicotine containing e-cigarettes, refillable containers and liquids are legally considered as their nicotine containing counterparts. Extensive advertising restrictions for the market participants are only one of the challenges that will arise in the future.
No one would seriously claim that smoking is healthy. However, from a medical point of view, a nicotine-free CBD vaporizer cannot be compared with an e-cigarette, whose liquid contains high levels of nicotine. However, this is exactly what was recently done by the German Bundestag, namely in the resolution of July 02, 2020.
The comprehensive ban on tobacco advertising that has been since the early ‘90s is now also being applied to the CBD industry without further scientific reflection, to the extent that producers and traders of CBD Vapes and Liquids are no longer allowed to place any advertising. Up to now, CBD vape products were excluded from the German tobacco products law. Therefore, advertising was allowed. From January 1, 2021, when the resolution of the Bundestag becomes law, this will change. Any form of outdoor advertising, distribution of samples or advertising on radio and television is prohibited. The way ahead for market participants will probably be paved with many obstacles.