UAE: New National Standard For E-cigarette

Source from:  LawInSport 06/20/2019

By way of background (before we move into a sports-specific context) the Emirates Authority for Standardisation and Metrology (ESMA) has recently issued new standards for Electronic Nicotine Delivery systems (“ENDs”, also known as “e-cigarettes” or “vapes”). This has caused a flurry of activity amongst wholesalers and retailers alike, who, for the first time, may legally import and sell such devices and affiliated products in the UAE marketplace from April 2019.

Under the new ESMA standards (5030:2018), wholesalers and retailers may import and sell e-cigarettes, electronic pipes, electronic shisha devices and e-liquid refills, so long as they conform to certain legal requirements and carry appropriate health warnings. Previously, such activities were not permitted under UAE law.

This relaxation of the restrictions on e-cigarettes and associated products has prompted a robust warning from the UAE Ministry of Health and Prevention (MOHAP) that such products are potentially unsafe, particularly for young people. A recent MOHAP circular to healthcare facilities has specifically alerted doctors to check whether e-cigarettes have been a factor in any reported fits or seizures, in light of similar concerns raised in the US market. The circular requests that doctors clarify whether patients have been using e-cigarettes, obtain details of the e-cigarette brand and duration of use, observe blood and/or urine cotinine levels and report any concerns to MOHAP as regards adverse reactions to e-cigarette products.

Despite the abiding concerns regarding the safety of e-cigarettes, increased regulation should allow authorities to clamp down on the hitherto active black market in illegally imported (and often dangerous) devices and refills sold in the UAE. This development also perhaps reflects a commonly held view that e-cigarettes are the lesser of two evils when compared to regular cigarettes. However, their use remains subject to much the same controls as regular cigarettes in the UAE, including a prohibition on use in certain public areas such as shopping malls and cinemas.  Enditem