What is a tobacco product?
The Tobacco Act uses the general terms “tobacco product” and “product related to a tobacco product”. Since occasionally, different requirements apply to these product categories, it is important to know which category the product being handled falls into.
A tobacco product is a product made entirely or partly from tobacco that is either smoked (cigarette, cigar, cigarillo and smoking tobacco) or consumed in another way without a combustion process (e.g. chewing tobacco, snuff). In short, the product contains tobacco.
The handling of smokeless tobacco products (chewing tobacco, snuff) is prohibited in Estonia, with the exception of novel smokeless tobacco products!
What is a tobacco-related product?
Tobacco-related products are very diverse and include e-cigarettes, nicotine patches, and, for example, hookahs. Products related to tobacco products include the following:
- products used in a similar way to tobacco products – products that imitate the consumption of tobacco products and products that are used to replace tobacco products, such as e-cigarettes, herbal smoking products, tobacco-free chewing tobacco or so-called snus.
A herbal smokable product is a product made from plants, herbs or fruits that does not contain tobacco and can be consumed through a combustion process. For example, CBD flowers and leaves are considered herbal smoking products, which means that the requirements and restrictions arising from the Tobacco Act also apply to these products.
- alternative tobacco products – products with or without nicotine content not mentioned in the previous point, which are used or intended to be used in a similar way or for a similar purpose to tobacco products (the content and scope of the term are further explained in subsection 8 of § 16 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act);
- products intended directly for the consumption of tobacco products, such as hookahs, pipes and other products associated with tobacco products, as well as their parts and accessories. This also includes tobacco heating devices.
Submission of a notice of economic activities
An entrepreneur does not need a separate license or permit to sell tobacco products and products related to tobacco products in retail, wholesale or catering. Before starting the activity, you only need to submit a relevant notice of economic activities to the Economic Activity Register (MTR). If you need help making a registry entry or have any questions about the entry, you can contact the MTR directly – [email protected] or 6687080. Submitting the notice is free of charge.
If you wish to sell tobacco products at a public event, a notice of economic activities is not required.
Once you have submitted the necessary information, remember that you are obligated to update it if it changes. However, if you stop selling tobacco products/related products or your company's operations altogether, you will also have to change this information in the Economic Activity Register.
Only tobacco products and electronic cigarettes and their refill packages for which the required report or notice has been submitted to the Health Board may be sold in Estonia.
Before placing a new or modified tobacco product on the market, an undertaking importing tobacco products into Estonia for transfer or producing tobacco products in Estonia must submit a report to the Health Board in electronic form by product brand and type.
The report on a novel tobacco product and electronic cigarette and its refill packaging must be submitted 6 months before the product is intended to be placed on the market. The report must be submitted again whenever there is a significant change in the product. The change in the product name is also a significant change.
If you have any questions about reporting, please contact the Health Board - [email protected].
The Health Board publishes on its website the products for which a proper notification or report has been submitted to them. You can therefore check the availability of the required notification for a product from public data. We recommend that all sellers ensure that the required notification is in place for a specific product.
An undertaking selling tobacco products at a retail sales premises (except in a catering establishment) must accept publications approved by the Ministry of Social Affairs, intended for free distribution for the purpose of reducing the spread of tobacco product consumption, from a representative of a state or local government agency, non-profit organization or foundation promoting the idea of reducing the spread of tobacco product consumption. The undertaking must display them within sight and reach of customers in the place where the tobacco product is offered for sale. Although the undertaking is not obliged to actively distribute publications to customers, relevant information about the harmfulness of tobacco products must be available to the consumer.
According to the Advertising Act, advertising of tobacco products and tobacco-related products is completely prohibited, including at the sales premises.
A company selling tobacco products or tobacco-related products may only sponsor an event if the purpose of its activity is not to promote the sale or consumption of specific tobacco products or tobacco-related products. In connection with sponsorship, it is only permitted to disclose information about the sponsor's identity or the material support provided by them, and in connection with sponsorship, the trademark may only be disclosed in a manner that does not refer to a tobacco product or a product related to a tobacco product or its consumption. In its practice, the CPTRA has treated the restriction in such a way that the trademark of a tobacco product or a product related to a tobacco product cannot be disclosed in connection with sponsorship, as it is a direct reference to the product.
Tobacco products and tobacco-related products may not be linked to any discount or benefit for consumers in any activity, and conversely, consumers may not be offered the opportunity to obtain tobacco products or tobacco-related products at a lower price than usual or for free when selling other goods or services.
It should be noted that the prohibition on sales promotion not only includes the provision of a benefit that is itself a tobacco product or a related product or bears the trademark of a tobacco product or a related product but it is also prohibited to offer the consumer any prize or award or to provide any other benefit if this is done in the course of an activity that is directly or indirectly associated with a tobacco product or a product related to a tobacco product. Receiving anything, including a free trial of a tobacco product or related product, playing a game or other form of entertainment or pastime, has an impact on a person's mood or provides them with material or non-material benefits.
If you wish to sell tobacco products or tobacco-related products at a discount, you are only allowed to display the product's selling price, but not the previous price or discount percentage.
If the consumer can see both the original and new selling price or discount percentage of the product, then such a price display conflicts with the ban on the promotion of tobacco products and tobacco-related products.
The visible display of a tobacco product or a product related to a tobacco product and the presentation of its trademark at the sales premises is prohibited. This means that, for example, in grocery stores and gas station convenience stores, but also in other stores where the product range includes predominantly other goods, tobacco products and tobacco-related products must not be visible to consumers.
- The display can be opened and the products can be shown to the consumer to familiarize themselves with the selection immediately before the sale, to make it easier for the seller to find the product and for the consumer to make a choice.
- The display must be closed immediately after taking the product.
- The display of tobacco products may not be continuously open or remain open after the consumer has taken the product, including not due to human negligence or carelessness. The display is only opened to take the product or to show it to the consumer if necessary and is closed immediately afterwards.
- Products may not be displayed open, in a transparent display case, on a cabinet or shelf, or in any other place where they can be seen by the consumer.
- Products may not be stored at a closed display or in any other place visible to the consumer. The display should be replenished quickly if necessary, preferably when there are no consumers in the sales area, and closed immediately after adding products. If the addition of products is interrupted due to customer service, the display must be closed immediately.
The trader must ensure that the display solution (technical solution) used by them ensures that the products are not displayed visibly. The Tobacco Act does not stipulate the technical solutions required for the display of tobacco and related products at the sales premises. Thus, the trader can choose and decide which technical solution is most suitable and optimal for their sales premises. Among other things, the entrepreneur must ensure that their staff, including salespeople, carefully close display doors or drawers and do not leave products visible. Technical solutions could also help prevent errors resulting from human negligence or carelessness.
A sales premise specializing in the sale of tobacco products or tobacco-related products is an exception to this general rule, but even in such sales premises, the products sold and the trademarks used to identify them must not be visible outside the sales premises. For example, no e-cigarettes, water pipes, or nicotine patch packages may be visible outside the store. Products may not be visible from the outside through the store window or entrance, or if the store has glass wall(s) (for example, in shopping centers), even through it.
In the price list of tobacco products or tobacco-related products, only the names and trademarks of the tobacco product or tobacco-related product are permitted to be displayed in word form. Adding any images or illustrations is prohibited.
It is prohibited to sell or offer for sale to a minor a tobacco product, a product intended for the use of a tobacco product, a product used in a similar way to a tobacco product or its components, or a product resembling the shape of a tobacco product.
Therefore, when selling such a product, the seller must, if necessary, verify the buyer's age by means of an identity document to ensure that the product is not being sold to a minor. The seller does not have to require the presentation of an identity document to verify the buyer's age only if the buyer is clearly of legal age or if the buyer is known to the seller to be an adult. Therefore, if the seller doubts whether the buyer is over 18 years of age, that is, of legal age, the seller must determine the buyer's age.
It is also prohibited to employ a minor in work related to the handling of tobacco products, products intended for use with tobacco products, products used in a similar way to tobacco products, or their parts.
All tobacco products and tobacco-related products, such as e-cigarettes, placed on the market must comply with the requirements of the Tobacco Act. The Tobacco Act stipulates requirements for both the product itself and the product packaging.
Requirements for tobacco products
Restrictions on cigarettes:
- The tar content of cigarettes must not exceed 10 mg per cigarette;
- The nicotine content of cigarettes must not exceed 1 mg per cigarette;
- The carbon monoxide content of cigarettes must not exceed 10 mg per cigarette;
- Filters, papers and capsules used with cigarettes and rolling tobacco must not contain tobacco or nicotine.
Tobacco products must not contain the following substances:
- vitamins and other additives that create the impression that a tobacco product is beneficial to health or that its use poses a lower health risk than the use of other tobacco products;
- caffeine, taurine and other additives and stimulants associated with energy or strength-giving effects;
- substances that give color to the released substances;
- substances that facilitate inhalation or nicotine uptake;
- substances that are carcinogenic, mutagenic or toxic to reproduction in their unburned form.
Please note that cigarettes and rolling tobacco must not have a distinctive taste or smell! Also, the ingredients of cigarettes and rolling tobacco, such as filters, papers, packaging and capsules, must not contain any flavourings or fragrances. It is prohibited to use any technical solution to change the taste or smell of a tobacco product or the intensity of the smoke.
Requirements for electronic cigarettes (e-cigarettes, vape)
The nicotine-containing liquid of an e-cigarette can contain a maximum of 20 mg/ml of nicotine.
If the e-cigarette refill liquid contains nicotine, the volume of the refill liquid package may not exceed 10 ml.
The volume of a disposable e-cigarette and a disposable refill capsule or container containing nicotine must not exceed 2 ml.
E-cigarette liquid, whether containing nicotine or not, must not contain the following substances:
- vitamins or other additives that create the impression that the product has health benefits or that its use poses a lower health risk than other products;
- caffeine, taurine and other additives and stimulants associated with energy or strength-giving effects;
- additives that give color to the released substances;
- substances that are hazardous to human health in unheated or heated form, with the exception of nicotine;
- flavourings or fragrances, except for the taste and smell of tobacco and menthol.
E-cigarettes and their refill packages must be:
- childproof;
- tamper-proof;
- protected against breakage and leakage, and
- equipped with a mechanism that prevents leakage during filling!
NB! In addition to the listed requirements for the composition of tobacco products and e-cigarettes, you should also familiarize yourself with the requirements set out in the Tobacco Act for the packaging and labelling of these products before starting your activity.
E-cigarettes that do not meet the requirements for the product may not be imported into Estonia or sold in Estonia. Violation of this prohibition is punishable as a misdemeanor.
An entrepreneur engaged in the production, importation into Estonia, exportation from Estonia or sale of tobacco products must be aware of the requirements of the Tobacco Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.
Read more about this on the Estonian Tax and Customs Board website.
Important to know! Section 28(4)¹ of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act § 28 (4)¹ provides that in case a new design of revenue stamps is established simultaneously with the new higher excise duty rate, the excise goods revenue stamped with the previously valid revenue stamps and released for consumption before entry into force of the new excise duty rate may neither be sold nor stored outside an excise warehouse after the expiry of three calendar months as of the date on which the revenue stamps with the new design enter into force.
A hookah is a product intended specifically for the consumption of tobacco products. This is a tobacco-related product.
Hookah tobacco is smoking tobacco intended for use in a hookah. If hookah tobacco contains tobacco, it is a tobacco product. If hookah tobacco does not contain tobacco, it is a product used similarly to a tobacco product, or a product related to a tobacco product.
All of these products are subject to the regulations of the Tobacco Act.
If an undertaking allows the use of a hookah for the consumption of hookah tobacco, this is considered a service related to the retail sale of tobacco products, to which the provisions applicable to the retail sale of tobacco products apply. This means that these products cannot be displayed visibly or their brands promoted at a retail location. The products may not be visible outside of a sales premise specializing in the sale of tobacco products. In the context of public events, the prohibition on visible display means that hookahs cannot be visible from outside the sales premises.
It is generally prohibited to trade tobacco products in open sales packaging or loose by weight. There is an exception to the sale of hookah tobacco, according to which it is permitted to be sold at retail in a catering establishment or at a public event in an open sales package or loose by weight for consumption on site, provided that the hookah tobacco comes from a proper sales package and this package is located at the sales premise. The exemption allows the sale of hookah tobacco only for on-site consumption, but not for take-out. The seller must have the packaging readily available for immediate presentation if, for example, a consumer or supervisory authority wishes to inspect it.
The seller is prohibited from providing a hookah mouthpiece that has already been used.
- Do I need a permit or license to sell tobacco products? Does the sale of nicotine pouches in Estonia require a special permit or licence?
No permit or license is required to sell tobacco products and tobacco-related products, such as e-cigarettes and nicotine pads, but a notice of economic activity must be submitted to the Economic Activity Register. The notice of economic activities provides information about the undertaking, the place of business and the goods.
- Can tobacco products and e-cigarettes be sold in an e-shop (contract concluded by means of communication)?
Domestic and cross-border distance selling of tobacco products and tobacco-related products to consumers is prohibited. This means that these products may not be sold to consumers via an e-shop, either within Estonia or to Estonia, or by a retailer located in Estonia to a consumer located in another country.
The prohibition also extends to other sales methods where the consumer and the seller are not in the same place at the time of the transaction (for example, social media platforms).
- What are the requirements for advertising nicotine patches and electronic cigarettes?
Advertising is prohibited.
- Are there specific age verification requirements for nicotine patches or electronic cigarettes?
These products may not be sold or offered for sale to a person under the age of 18, i.e. a minor. Therefore, there is a requirement to verify the age of the purchaser by means of an identity document. See the explanation here.
The checklist helps sellers of tobacco and tobacco-related products to self-check their compliance with applicable requirements.
Find out more about the checklist:
Last updated: 17.03.2025
