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Vape rules in the EU: what the Tobacco Products Directive requires

Acquirers approve vape merchants on the strength of their compliance, so it pays to know the rules they check. In the EU, the baseline is Article 20 of the Tobacco Products Directive (2014/40/EU):

• Nicotine strength: e-liquid may contain no more than 20 mg/ml.
• Sizes: nicotine liquid only in refill containers of up to 10 ml, and cartridges or tanks of up to 2 ml.
• Notification: manufacturers and importers must notify each product to the authorities six months before it goes on sale, and again after any substantial change.
• Safety and labelling: child-proof and tamper-proof packaging, a nicotine health warning and an information leaflet.

Member states add their own rules on flavours, advertising and devices. Belgium, for example, has banned the sale of disposable vapes since 1 January 2025. Our guide to snus and vape regulations in Europe covers more country detail.

Selling vapes across borders

The directive lets each member state ban cross-border distance sales of e-cigarettes and refills to consumers. Where they are allowed, the seller generally has to register with the authorities in its own country and in the customer's country, and use an age verification system that checks the buyer's age at the time of sale.

Taxes add another layer. Germany has taxed e-liquids since July 2022, and other member states charge their own national duties. In July 2025 the European Commission proposed bringing e-cigarettes under EU minimum excise rates. The proposal is still being discussed in the Council, where tax rules need the agreement of every member state.

The UK: different rules since Brexit

• Disposable vapes: the sale and supply of single-use vapes has been banned across the UK since 1 June 2025.
• Vaping Products Duty: since 1 October 2026, vaping liquid is taxed at £2.20 per 10 ml, with or without nicotine. Products need a vaping duty stamp. Retailers can sell unstamped stock they already hold until 31 March 2027, and from 1 April 2027 every product on sale must carry a stamp (HMRC).
• Tobacco and Vapes Act 2026: received Royal Assent on 29 April 2026. In England and Wales, from 29 October 2026 it is an offence to sell any vaping or nicotine product to under 18s, including nicotine-free vapes, and free samples and promotional discounts are banned. The Act also creates retail licensing and powers over flavours, packaging and displays, with the detail to follow in regulations (legislation.gov.uk).

Card scheme position and MCC 5993

Vape and tobacco sellers are normally classified under merchant category code 5993, Cigar Stores and Stands. Visa's Merchant Data Standards Manual lists 5993 among its high integrity risk codes for card-absent sales. In the Europe region that applies when a merchant sells beyond its home country rather than only domestically. High integrity risk status means closer scrutiny of the merchant and its acquirer, which is why underwriters ask so much about where you ship. Our MCC codes guide explains how codes are assigned, and our guide to high-risk merchant accounts covers the wider approval process.

Age verification at checkout and on delivery

A tick box saying "I am over 18" is not age verification. Acquirers expect to see:

• an age check before payment for new customers, using a recognised method such as an ID document, database or digital identity check;
• age checked again on delivery, with a courier that asks for ID and does not leave parcels unattended;
• records of each check that you can produce for regulators and for disputes;
• no marketing aimed at young people and no health claims.

Your website is reviewed against these points during underwriting. See our website requirements for approval and the full requirements checklist.

Excluding restricted markets in checkout

Acquirers test whether your checkout really blocks countries where a product is banned. Build it in:

• Set shipping rules per product, not only per store, so a disposable vape cannot be ordered to the UK or Belgium while refills still can.
• Compare the delivery address, card issuing country and IP location, and hold orders that don't match.
• Keep each market's catalogue in line with its product notifications, labelling language and tax stamps.
• Update the rules when a law changes, and keep a record of when you did.

If you sell online and in store, our guide to vape shop POS systems shows how to keep both channels in step.

Chargebacks and fraud

Vape merchants face disputes when young people use a parent's card, when customers claim an age-checked parcel never arrived, and when fraudsters test stolen cards on low-value refills. Every dispute and fraud report counts towards card scheme monitoring, even when you win. Use 3D Secure, a billing descriptor customers recognise, tracked delivery with proof of the ID check and clear refund terms. Read chargebacks explained for how the process works.

Guides for vape merchants

• Snus and vape regulations in Europe
• Syncing online and in-store vape sales
• High-risk payment processing on Shopify
• MCC codes explained
• High-risk merchant accounts
• Chargebacks explained