With the amendment to the Austrian Tobacco and Non-Smokers Protection Act (TNRSG) (Federal Law Gazette I No. 68/2026), tobacco-free nicotine products and tobacco-free nicotine replacement products will also be subject to tobacco legislation as of 20 August 2026.

A “tobacco-free nicotine product” is defined in Section 1(14) TNRSG as any tobacco-free product containing nicotine that is intended for uptake into the human body through inhalation, sniffing, sucking, chewing, oral, dermal, or any other form of consumption, provided that it is not an electronic cigarette, refill container, liquid, or herbal smoking product.

A “tobacco-free nicotine replacement product” is defined in Section 1(15) TNRSG as a product that contains neither tobacco nor nicotine and can be consumed in the same manner as a tobacco product pursuant to Section 1(1) TNRSG, provided that it is not a herbal smoking product, an electronic cigarette, or a liquid.

Manufacturers or importers placing tobacco-free nicotine products or tobacco-free nicotine replacement products on the Austrian market are subject to notification obligations pursuant to Sections 8 and 8d of the Austrian Tobacco and Non-Smokers Protection Act (TNRSG).

These products must be submitted to the designated electronic reporting system, the EU Common Entry Gate (EU-CEG), at least six months prior to being placed on the market. Detailed information on the data to be provided can be found in the Notification Guidelines, available in the Downloads section.

In the event of any modification to the composition (ingredients or their quantities) of a tobacco-free nicotine product or a tobacco-free nicotine replacement product, a six-month waiting period must again be observed before the modified product can be placed on the market.

A notification fee must be paid for each product notified.
Pursuant to Section 2(3) of the NTMelV, the notification fee must be paid in full within 14 days of submitting the notification. Failure to do so will result in the notification being deemed not to have been submitted, and a completely new notification (under a new Product ID) will be required.

A guideline for the notification of tobacco-free nicotine products and tobacco-free nicotine replacement products is available in the ‘Downloads’ section.

Please note the following:

• Tobacco-free nicotine products and tobacco-free nicotine replacement products must be notified via EU-CEG under the category “Electronic Cigarettes” using the product type “9. Other“.
• Pursuant to Section 8d (2)(1) TNRSG, the contact details of a responsible legal or natural person established within the European Union must be provided.
• In the “Product_National_Comment” field, the product category must be specified using the German terms “tabakfreies Nikotinerzeugnis” (tobacco-free nicotine product) or “tabakfreies Nikotinersatzerzeugnis” (tobacco-free nicotine replacement product).
• A description of the product, including details regarding its use and consumption, must be provided in the “E-Cigarette_Description” field.
• For tobacco-free nicotine products, the nicotine concentration must be specified in mg/g of product in the “E-Cigarette_Nicotine_Concentration” field.
• For nicotine-containing products, information on nicotine dose and nicotine uptake under normal or reasonably foreseeable conditions of use must be submitted. The corresponding document must be uploaded in the “E-Cigarette_Nicotine_Dose/Uptake_File” field.
• Pursuant to Section 8d (2)(5) TNRSG, a declaration must be submitted confirming that the manufacturer and the importer bear full responsibility for the quality and safety of the product when it is placed on the market and used under normal or reasonably foreseeable conditions. Accordingly, Field 117 “E-Cigarette_Quality_Safety” must be answered in the affirmative.