Ban on electronic cigarettes enters into force: Which products do the fines apply to?

Starting today, electronic cigarettes will be banned in Azerbaijan. The amendment to the Law "On Tobacco and Tobacco Products" comes into force on April 1, 2026. Under the corresponding amendment to the Code of Administrative Offenses, the use of electronic cigarettes in prohibited places, on streets, and in other public areas will result in a fine of 30 manats ($17.65).

Although this legislative change has generally been welcomed by society, it has also raised some questions. For example, what specific products are meant by the term electronic cigarette? And does the ban also apply to heated tobacco sticks that are consumed via special devices?

Use of electronic cigarettes around the world

According to a World Health Organization (WHO) report, more than 100 million people currently use electronic cigarettes globally. Approximately 15 million of them are teenagers. Although electronic cigarettes were initially promoted as a tool for quitting smoking, in reality, even teenagers who have never smoked traditional cigarettes have become addicted to these devices.

More than 40 countries worldwide have banned electronic cigarettes, and many European countries have restricted their advertising and sale. Some countries only allow their sale by prescription, prohibit flavorings, or limit their use in public places.

What is the situation in Azerbaijan?

Since no separate statistical data are collected on electronic cigarette use in Azerbaijan, it is difficult to determine the exact number of users. However, sociologist Naib Niftaliyev stated in an interview with Report that the number of people exposed to the toxic effects of cigarettes, including e-cigarettes, has been increasing in recent years: "Although the majority of smokers in Azerbaijani society are men, the number of women and teenagers using cigarettes is also steadily increasing."

The sociologist believes that completely removing electronic cigarettes from sale is the right decision: "People today have a wide freedom space due to social media. Therefore, if no sanctions are applied, people may feel exempt from responsibility. For this reason, fines and restrictions are necessary. This is a step aimed at protecting public health. Along with bans, social and legal awareness efforts should also be conducted. Because there will always be people who try to circumvent restrictions through various means or in hidden places. Therefore, people must be educated legally as well."

MP Fazil Mustafa, who was the first to propose the e-cigarette ban in Parliament, told Report that the issue was considered in parallel with restrictions on tobacco product consumption in prohibited areas:

"Electronic cigarettes differ from other forms. Therefore, the need arose for certain laws to enter into force regarding them. Naturally, if a law is passed, sanctions must accompany it. As a result, the production, sale, and consumption of electronic cigarettes in any form have been fully prohibited. Starting today, anyone who brings electronic cigarettes into the country for sale or uses them will face legal consequences."

Electronic cigarettes cause addiction

Member of the Milli Majlis Health Committee, MP Parvana Valiyeva, told Report that with the implementation of the bans, the number of people addicted to nicotine and tobacco-related lung diseases will not significantly increase in the future: "Scientific research shows that because electronic cigarettes are presented as 'harmless' due to various flavorings and promoted incorrectly, teenagers are increasingly inclined to use them. As a result, they become potential addicts in the future. I believe there is a great need for increased awareness in this area, especially continuous education among youth and teenagers about the dangers."

Valiyeva added that the issue of banning electronic cigarettes is on the agenda in many countries today. Over the past year, the parliaments of Kazakhstan, Uzbekistan, Kyrgyzstan, and Turkmenistan have also discussed and passed laws banning e-cigarettes.

Pulmonologist Alizamin Sadigov told Report that electronic cigarettes pose a higher risk of causing various diseases: "It should be noted that while the nicotine content in heated tobacco products or traditional cigarettes is to some extent dosed, it is difficult to precisely regulate this amount in electronic cigarettes. For this reason, a person using an e-cigarette may intake a higher dose of nicotine. Additionally, around 30% of people use both electronic and traditional cigarettes at the same time, which creates an even greater health risk."

Sadigov also stated that e-cigarette use can cause changes in mental state, irritability, aggression, and depression in teenagers: "In older individuals, flare-ups of chronic diseases, especially bronchial asthma, may be observed. For pregnant women, e-cigarettes may negatively affect fetal development. Additionally, there is a risk of respiratory diseases, increased susceptibility to respiratory infections, irritation of the upper respiratory tract, and the development of cardiovascular and cerebrovascular diseases.

Heated tobacco is not considered an electronic cigarette

According to the amendment to the Law "On Tobacco and Tobacco Products," an electronic cigarette is a product –excluding food products, tobacco products, pharmaceuticals, and medical devices – designed to deliver vapor containing nicotine or without nicotine into the human body through inhalation, and used through a device with or without a mouthpiece or other components, including cartridges and tanks. The liquid in e-cigarette tanks can be used once or multiple times, or disposable cartridges can be refilled.

Although electronic cigarettes resemble heated tobacco products externally, they belong to different categories.

Legal expert Shamil Pashayev told Report that heated tobacco is not considered an electronic cigarette, so its use is not subject to fines:

"The law states that a product made from tobacco leaf and its components, containing nicotine, active alkaloids, including carcinogens, and causing nicotine addiction (cigarettes, papirosy, cigars, cigarillos, tobacco sticks, etc.) is considered a tobacco product. Heated tobacco sticks are considered tobacco products; therefore, they are not characterized as 'electronic' cigarettes and do not create liability," he noted.

The legal expert added that if electronic cigarettes and their components are imported, exported, produced, sold, or stored, they will be confiscated, and individuals will be fined from 350 ($205.88) to 500 manats ($294.12), officials from 1,650 ($970.59) to 2,200 manats (1,294.12), and legal entities from 4,000 ($2,352.94) to 5,000 manats ($2,941.18).

The stricter approach to electronic cigarettes is due to their rapid spread and their tendency to create a new user base. The non‑prohibition of heated tobacco products is part of a harm‑reduction strategy. Experts say that heated tobacco is a less harmful alternative for those who cannot completely quit smoking.