The Danish Safety Technology Authority enforces compliance with the rules in this area. It is stated in Section 32 of Danish Act No. 1161 of 4 November 2024 on Tobacco Products etc. (Act on Tobacco Products etc.)
Manufacturers and importers of tobacco surrogates marketed in Denmark are required to report information about the product, including ingredients, for each tobacco surrogate divided by trade name. This is stated in Section 3 a of the Act on Tobacco Products etc.
A manufacturer is any natural or legal person who manufactures a tobacco product, tobacco surrogate, or an herbal smoking product, or has such goods or products designed, manufactured, and marketed under their name or trademark. This is stated in Section 2(1), No. 17, of the Act on Tobacco Products, etc., as amended by Act No. 651/2024.
An importer is the owner or a natural or legal person with control over tobacco products, tobacco surrogates, or herbal smoking products that have been introduced into the European Union. This is stated in Section 2(1), No. 18, of the Act on Tobacco Products, etc., as amended by Act No. 651/2024.
Whoever markets a tobacco surrogate in Denmark must ensure that each individual package and any outer packaging does not contain elements or features that i.a. encourages use or gives a false impression of the product, gives the impression that a product is less harmful than other products, gives a positive impression or gives the impression that a product is energizing, healing or has ecological properties, etc. This is stated in Section 3 of Executive Order No. 462 of 18 March 2021 on labeling and health warnings on tobacco surrogates.
Marketing is making the product available to consumers with or without payment. In case of cross-border distance sales, the goods or products are considered to have been marketed in the contry where the consumer is located. This appears in Section 2 of Executive Order No. 243 of 22 February 2021 on the reporting of tobacco surrogates etc.
The Danish Safety Technology Authority may prohibit the marketing of tobacco surrogates if the notification has not been submitted in accordance with Section 3a, No 1. It is set out in Section 36 of the Act on Tobacco Products etc.
