Over the course of last year, a possible ban on disposable vapes and e-cigarettes was discussed time and again, in some cases even announced with growing certainty for the upcoming 2026. In reality, however, Germany is not currently facing a comprehensive ban. Although the federal government and various ministers have generally expressed support for such a move – stating they wish to follow the example of countries such as France and Belgium – concrete legislative measures have so far failed to materialise, neither in the amendment to the Electrical and Electronic Equipment Act nor in tobacco regulations. Instead, the current draft bill to amend the provisions concerning the sale of tobacco and related products is limited to a ban on individual flavouring agents in e-cigarettes.
Politically, the situation remains inconsistent as well. On 21 November 2025, the federal German government announced its intention to adopt a ban into law, although consultations with the German federal states are still ongoing. At the same time, the Federal Ministry for the Environment spoke out expressly in favour of such a ban at the end of December 2025. However, the draft from the Federal Ministry of Agriculture, headed by Alois Rainer, merely provides for restrictions on certain flavourings. A complete ban on the sale of disposable vapes is therefore not currently planned.
Criticism of the flavouring ban by environmental organisations
Environmental and waste management organisations criticise the ban on certain flavouring agents as ineffective, as new substitutes could be introduced easily and quickly. The Environmental Action Germany (DUH) also warns against postponing key issues and calls for a complete ban on single-use e-cigarettes. The DUH rejects the idea of a possible deposit system – only a comprehensive product ban would be consistent. Disposable vapes are seen as problematic regarding protecting young people and the environment: as they contain addictive substances, a ban on flavourings would not reduce risks to minors in the least. Also, large quantities of lithium batteries accumulate, which must be disposed of and have a poor environmental footprint despite recycling. Although single-use vapes can already be returned free of charge, many are still disposed of incorrectly after single use, which regularly causes fires in refuse collection vehicles and facilities, causing additional costs. According to the DUH, current take-back rules are falling short; many devices still end up in household waste or in the environment – new regulations alone are not enough for substantial change.
Potential developments for retailers and producers
At EU level, no uniform approach to single-use vapes is currently planned; according to the DUH, there will be no general EU ban. National bans, such as those in France and Belgium, are possible, however; Austria and Ireland are currently planning to take similar measures. Nevertheless, some changes regarding e-cigarettes are still on the horizon. For instance, the EU Battery Regulation will require removable batteries for single-use devices from February 2027. A requirement for refillability or a mandatory USB-C charging function is not currently planned. If an explicit ban is implemented contrary to previous expectations, experts predict that the retail industry will face limitations, with vending machine sales expected to cease altogether. A shift to the black market cannot be ruled out but is not considered inevitable. In this context, online platforms and retailers would need to be able to monitor and filter out illegal offers more effectively. However, feasible and concrete measures to this end remain vague for the time being.
As a result, producers are currently facing ongoing regulatory uncertainties. Retailers and producers in this sector must therefore expect legal requirements to continue to shift and become stricter in the years to come – whether through national regulations or additional requirements at EU level.
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