For users of personal vaporisers (including electronic cigarettes)
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Legal TrendsUsually when a product is sold with therapeutic claims or for a therapeutic purpose (which might mean nicotine, tobacco or smoke cessation), the manufacturer requires a license to confirm that it complies with medical standards of quality, efficacy and safety. In places where recreational nicotine products are banned, liquid nicotine sales are effectively banned - no medical liquid nicotine or electronic cigarettes have been approved by any authority. Nicotine products also defined as tobacco products are generally not considered to have a therapeutic purpose and are exempted from medical requirements. Prohibition of non-tobacco recreational nicotine means closure of commercial markets and removal of competition for the tobacco and medical industries. Compulsory licensing prohibits sales but does not necessarily mean the substance is classed as a controlled drug, personal possession and use may be permitted. If you can get unregulated products (it's common to import from China), using them won't break a sales ban law. The trend with nicotine is for regulators to claim that it has only a medical purpose, they acknowledge no benefits in the free market and argue that recreational sales should be prohibited (have commercial trading safeguards removed) as a precautionary measure to prevent possible safety problems. Claims that consumer safety is not protected under general trading regulations are common. Lack of any evidence of serious harm ever being caused by electronic cigarette products does not prevent speculation and no risk/benefit assessments appear to have been carried out.
Whether ecigs could be regarded as falling under Directive 93/42/EEC on medical devices depends on the claimed intended use and whether this intended use has a medical purpose. ”It is for each national authority to decide, account being taken of all the characteristics of the product, whether it falls within the definition of a medicinal product by its function or presentation.“ Electronic cigarettes may fall under the definition of a medicinal product laid down in Directive 2001/83/EC, either if the product is presented as a remedy against nicotine addiction or if it is qualified as restoring, correcting or modifying physiological functions. Member States might be allowed, in application of Article 36 of the Treaty on the functioning of the European Union, to adopt restrictive rules relating to the manufacturing and the marketing of electronic cigarettes in order to protect the life and health of humans. Such measures should be based on scientific and technical data regarding the harmfulness of these products and respect the proportionality principle.
A preliminary judgement by Judge Leon in January 2010 overturned the FDA's definition but The Court of Appeals suspended the Judge's decision. The Appeals Court will be looking at the case again in September 2010. https://www.azcapitolreports.com/viewhtm.cfm?id=133790 http://www.azleg.gov/legtext/49leg/2r/bills/hb2203p.pdf http://www.startribune.com/lifestyle/health/99514364.html?page=2&c=y http://www.gencourt.state.nh.us/legislation/2010/HB1541.html http://www.politickernj.com/thester/35976/wagner-voss-legislation-combat... http://www.ktvz.com/Global/story.asp?S=10819729 http://le.utah.gov/~2010/bills/hbillamd/hb0088.htm http://voices.washingtonpost.com/virginiapolitics/2010/04/battery-operat... http://www.vaag.com/OPINIONS/2010opns/10-029-Peace.pdf
Nicotine is a natural chemical that can be found in plants such as tobacco, potatoes and tomatoes. Pharmacologically its action is similar to caffeine, it is a stimulant in mammals. It is said to be the main factor responsible for the dependence-forming properties of tobacco smoking. Banning products from the open commercial market removes competition for pharmaceutical and tobacco companies, lowers incentive to innovate, inflates prices, reduces quality, kills small businesses and supports the unregulated, untaxed, black market which cannot be monitored for safety. Most importantly in terms of public benefit, viable alternatives to harmful smoke and ineffective medicine are denied to consumers who want to continue having a smoking experience, they have no legal option other than to smoke. It is not clear what medicinal purpose nicotine can have in law or how medicalisation has credibility. There doesn't appear to be evidence to show that nicotine can treat nicotine addiction or compulsive smoking behaviour, it can only sustain addiction which is not a therapeutic treatment. It is possible that medical nicotine treatments actually reduce chances of overcoming addiction and keep people trapped in a harmful cycle of quit and fail with medical and tobacco products.
World Health Organisation study group on tobacco product regulation Critique of the WHO TobReg report on Electronic cigarettes - Murray Laugesen
This is how some 'health' campaigners see the future of nicotine - the market is to be divided between the tobacco and pharmaceutical industries and then gradually nicotine will be removed from tobacco products until medically approved pharmaceutical nicotine is the only nicotine available:  Toward a comprehensive long term nicotine policy
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  "The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this." Albert Einstein 
 
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Australia: Nicotine’s classification as a poison applies to ecigs, effectively prohibiting sale and marketing in all states and territories.
Austria: Electronic cigarettes are considered medical devices and nicotine cartridges medicinal products. Nicotine cartridges need to be registered as medicinal products before they can be legally sold.
Belgium: Banned, but hardly enforced.
Brazil: Sale and import prohibited.
Sale in Brunei is prohibited because it is an imitation of a tobacco product and a fine of $10,000 can be imposed.
Canada: Ecigs cannot be imported, advertised or sold.
Colombia: Currently - import, advertising and sale of the e-cigarette is unrestricted.
Czech Republic: Electronic cigarette use and advertisement are currently unrestricted.
Denmark: Marketing and distribution of ecigs is banned.
Dubai (a state in the UAE): Banned
European Union: Directive 2001/95/EC(6) on general product safety applies in so far as there are no specific provisions with the same objective in other EC law. This directive provides for restrictive or preventive measures to be taken if the product is found to be dangerous to the health and safety of consumers.
Finland: Cartridges containing nicotine are illegal to sell or to purchase with intent to sell but are not illegal to purchase from overseas sources for personal use only.
France: With or without nicotine, a license is required to sell ecigs for smoking cessation. They may be sold normally without nicotine or cessation claims. The status of products sold with nicotine but without cessation claims appears to be unclear.
Germany: No restrictions on possession and use; no restrictions known on sales. However, the legal situation has not yet been settled. Customs in some states of the Federal Republic of Germany deem e-cigs or nicotine-bearing liquid a medicinal product and do stop commercial or personal imports at the respective customs border (= EU outer border).
In Greece, the recent law on protection from tobacco and alcohol bans the marketing of e-cigarettes unless a Ministerial decision authorises them under certain conditions.
Hong Kong: Ecigs containing nicotine are classified as poison products and strictly prohibited.
Indonesia may have a ban on sales, this isn't very clear because apparently ecigs haven't been categorised there yet.
Iran: Possibly a ban there because of the ingredients in pvliquid.
Israel: Banned, both the import and sale of the product, including those that are marketed as nicotine-free.
In Italy, use and sales of electronic cigarettes is permitted but all products containing nicotine must be labelled with hazard warning symbols.
In Japan ecigs can be categorized as pharmaceuticals or medical equipment by law if they contain nicotine. Pharmaceutical law prohibits sale but individuals may import enough for one months use from abroad.
Jordan: Banned
Republic of Korea: Allowed but heavily taxed
Malaysia: Electronic cigarettes are considered medical devices and nicotine cartridges medicinal products. If any are licensed they will be available over the counter at a pharmacy with a prescription.
Malta: Ecigs fall under the Tobacco Act, they cannot be freely advertised, they cannot be smoked in enclosed public spaces and they can only be used by adults over the age of 18.
Mexico: Sale, production, distribution, importation or advertisement of any kind are forbidden, mainly because the design is too similar to a tobacco product.
Netherlands: Advertising is forbidden.
New Zealand: The Ministry of Health has ruled that cartridges containing nicotine fall under the requirements of the Medicines Act and cannot be sold except as a registered medicine. New Zealanders are allowed to import device, cartridge and e-liquid (including nicotine) for personal use. It's possible that the products can be legally imported and sold - but not advertised - under the Smokefree Environments Act.
Norway: The Norwegian Tobacco Act forbids the import and sale of new tobacco products and/or nicotine products, a classification that encompasses ecig products.
In Panama, importation, distribution and sale has been prohibited since June 2009. The Ministry of Health cites the FDA findings as their reason for the ban.
Singapore: Import, sale or offer for sale prohibited as imitation tobacco products. All new alternative tobacco and nicotine products are banned.
South Africa: Electronic cigarette use is currently unrestricted.
Switzerland: Electronic cigarettes containing nicotine can not be marketed in Switzerland although an electronic cigarette and 40 replacement cartridges containing nicotine may be bought for personal use. Electronic cigarettes without nicotine (and no mention of therapeutic properties) can be marketed in Switzerland only if the distributor has taken the necessary measures to ensure product safety.
Tajikistan: Electronic cigarette use is currently unrestricted.
Thailand: Banned.
Turkey: Sale and advertising banned.
United Kingdom: If ecigs are marketed as a smoking cessation aid, they are licensable as a medicine by the Medicines and Healthcare Products Regulatory Agency. As a smoking alternative, however, the use of ecigs is unrestricted.
United States: The FDA have defined electronic cigarettes and eliquid as combination drug and medical devices and as none have authorisation they are banned. US customs are blocking some commercial and 
Uruguay: Banned
