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Germany’s top court weighs age checks for empty e-cigarette tanks

A landmark case could reshape how Germany regulates vaping. Will empty tanks face the same rules as nicotine-filled e-cigarettes?

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2 min read
The image shows a graph depicting the growth in e-cigarette use in the United States. The graph is...
The image shows a graph depicting the growth in e-cigarette use in the United States. The graph is accompanied by text that provides further information about the data.

Youth Protection for E-Cigarettes: BGH Reviews Age Control - Germany’s top court weighs age checks for empty e-cigarette tanks

Germany’s top court is examining whether online shops must verify customers’ ages when selling empty e-cigarette tanks. The case centres on a dispute over youth protection rules for unfilled replacement containers. Lower courts have already ruled that these items fall under existing restrictions on sales to minors.

The Federal Court of Justice (Bundesgerichtshof, BGH) will now decide if age verification is legally required for such purchases. The outcome could affect how retailers handle online sales of vaping products across the country.

The legal battle began when a member of the industry association BfTG sued an unnamed company over its online sales practices. The plaintiff insists that empty replacement tanks should be treated like other e-cigarette components, which are banned for under-18s under the Youth Protection Act. Both the Bochum Regional Court and the Hamm Higher Regional Court agreed, ruling that age checks are mandatory.

The defendant company counters that unfilled tanks do not contain nicotine or other restricted substances, so they should not be subject to the same rules. The BGH must now clarify whether the law applies to the containers themselves or only to the liquids they eventually hold. E-cigarettes remain popular in Germany, with 2.7% of people aged 14 and older using them in 2025. Traditional smoking is far more common, at nearly 30% of the same age group. Among teenagers, 9.5% smoke tobacco, while 3.9% vape. Health experts warn that vaping can harm the lungs and cardiovascular system, as the exhaled vapour contains harmful particles. The market for e-cigarettes is booming, with €2.4 billion in revenue last year. Forecasts suggest another 20% growth in 2026, making the court’s decision even more significant for retailers and consumers alike.

The BGH’s ruling will determine whether online sellers must enforce age checks for empty e-cigarette tanks. If upheld, the decision would reinforce existing youth protection measures and likely require retailers to update their verification systems. The case also highlights the ongoing debate over how strictly vaping products should be regulated in Germany.

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