LEGISLATION AND ELECTRONIC CIGARETTES 

Article 36 of the Consumer Law prohibits the sale of an electronic cigarette and its derivatives to minors. Therefore, you are legally not allowed to use an e cigarette until you are 18 years old. This article of law applies not only to the device itself, but also to the e liquids intended to be inhaled, whether they contain nicotine or not.

For the legislator, the aim is to protect minors from a product whose long-term effects are not yet fully understood. Moreover, since nicotine causes addiction, it should not be consumed by non-smokers, especially when they are not of legal age. Finally, the electronic cigarette, although wrongly perceived as a fashionable accessory, must be prohibited for adolescents who can be particularly susceptible to influence.

This perspective is shared by the vaping community, for whom the electronic cigarette remains primarily a harm reduction tool intended for adult smokers. Le Petit Vapoteur, in fact, verifies the age of all its visitors, whether they come to one of our stores or visit our online shop. When ordering from the website, we specifically ask you to certify under oath that you are of legal age before confirming your order.

To begin with, here is a brief overview of the current regulations, what is prohibited, and what is not.

Article L3512-6 of the French Public Health Code prohibits, since October 1, 2017, the use of an electronic cigarette in the following places:

• Educational establishments (schools, colleges, high schools...) and those intended for the reception, training, and accommodation of minors;

• Enclosed collective transport vehicles (buses, trains, subways...); 

• Enclosed and covered workplaces used collectively (more information below). 

This prohibition also applies to e cigarettes containing non-nicotine e-liquid (0 mg/ml).

Enclosed and covered places that are open to the public, such as bars, restaurants, or shops, are not affected by this law. However, be aware that the establishment's internal regulations may prohibit the use of electronic cigarettes, and in that case, one must comply.

In the premises where the prohibition applies, visible signage will remind people of the principle of the vaping prohibition and, if applicable, its implementation conditions.

In case of non-compliance with this prohibition, the vaper risks a second-class fine, which amounts to a €35 fine.

Are you allowed to use an electronic cigarette in the workplace ?

Article L3512-6 of the French Public Health Code states that it is now prohibited to use an electronic cigarette in "enclosed and covered workplaces used collectively." This prohibition is further specified by the decree of April 25, 2017, and applies in particular to:

• Open-plan offices;
• Workshops; 
• Meeting rooms; 
• Canteens, cafeterias, or rest areas; 
• Changing rooms or toilets. 

This decree specifies that the prohibition applies only to covered and enclosed premises where workstations are located and are used collectively. Therefore, it is not prohibited to use an electronic cigarette in:

• Workplaces open to the public; 
• Workplaces that are neither covered or enclosed (such as construction sites); 
• Offices or premises for personal use if they can be closed by a door.

Of course, the company's internal regulations may provide for the prohibition of vaping in the aforementioned places. In such cases, the internal regulations take precedence over the law. If desired, the employer can also provide a designated enclosed space within their premises for vapers and/or smokers. Feel free to engage in a discussion with the management of your company. Prohibitions may be implemented simply due to a lack of understanding of electronic cigarettes and their benefits for the health of employees.

Lastly, talk to your colleagues. Quitting smoking is a journey, and striving to improve one's health is an excellent goal. Raise awareness among them on these topics and see if it is possible to respect their workspace by adopting discreet vaping practices at the office or taking vaping breaks away from others.

What behaviours should be adopted when using an electronic cigarette in a public place where it is allowed ? 

As you can see, the regulations generally permit vaping in more places than it prohibits. However, we encourage vapers to be mindful of not inconveniencing non-smokers.

Quitting cigarettes is an important milestone of which one can rightfully be proud, but openly displaying these practices in the presence of non-smokers can harm the still fragile image of electronic cigarettes.

Non-smokers/non-vapers have the legitimate right not to be bothered by e-cigarettes, and their perspective on the world around them is different from those who have experienced tobacco and now vaping. Therefore, where you may feel like you are "gaining years of life," they may perceive it as a daily nuisance. In the vast majority of "conflicting" situations, a smile and a few explanations can resolve any issues!

Here are some useful tips to minimise inconveniencing non-smokers/non-vapers:

• In general, it is recommended to distance oneself from non-smokers when using an electronic cigarette, whether indoors or outdoors. It may also be appropriate to reduce the power of your electronic cigarette to minimise vapour production or use a discreet device during outings. Choosing mild and neutral flavours is preferable, as the sense of smell is subjective!
• In the presence of minors, it is strongly advised to refrain from vaping in order to shield them from any influence that may encourage them to start a practice that is not intended for them.
• When using an electronic cigarette in an authorised indoor enclosed space, it should not be at the expense of other users. For example, it is recommended to ask nearby individuals if the vapour bothers them. It is also important to ensure that the area is properly ventilated.
• Lastly, you can adopt "strategic" behaviours to remain discreet: avoid sub-ohm equipment, exhale the vapour towards the ground, or hold the vapour in your lungs a bit longer to release as little as possible.