Guidelines for Registration of Imported E-cigarettes/Vapes in Benin
 
 
The Agence Béninoise de Régulation et d'Enregistrement des Produits (ABREP) is the national regulatory body in Benin responsible for, among other things, the regulation and registration of tobacco and similar products (assimilés), which explicitly includes e-cigarettes and vapes.
 
The regulations for e-cigarettes and vapes in Benin, as overseen by ABREP, are generally aligned with the country's comprehensive tobacco control law (Law No. 2017-27) and its implementing decrees.
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E-Cigarettes and Vapes Product Regulations for the Agence Béninoise de Régulation et d'Enregistrement des Produits (ABREP)
 
E-cigarettes, vapes, and Electronic Nicotine Delivery Systems (ENDS) are classified as "produits assimilés" (similar products) to tobacco and are subject to the same regulatory framework as tobacco products, with specific provisions for their nature.
 
I. Manufacturing and Importation (Registration and Approval)
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1. Mandatory Approval (Agrément): The importation of e-cigarettes, vapes, and their derivatives or similar products is subject to mandatory prior approval (agrément) issued by ABREP and approved by the Ministry of Health and Ministry of Trade, following the procedures established by Decree No. 2022-073.

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• Applicant Requirement: The applicant must be a manufacturer or authorized merchant exporter of the product with legally registered company and valid license to export.

• Application Procession: All application must be submitted for processing through an accredited legal agent of ABREP with Power of Attorney.

• Location Restriction: Imported products storage facilities must be located outside a radius of at least 500 meters from any preschool, school, professional training center, higher education institution, healthcare, athletic, cultural, or administrative facility.

• Importation Approval Validity: The importation approval is generally valid for five (5) years and is renewable.

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1. Product Registration (Enregistrement): All imported or manufactured products, including e-cigarettes and vapes, must be registered with ABREP in accordance with its specific guidelines for Narcotics/Tobacco Products.

• Required Documentation for Importation/Registration: The dossier for approval and subsequent registration typically includes:

• Application Form: A completed and duly signed product registration application form by the applicant.

• Quality and Safety Evaluation Certificate for the imported products, issued by an accredited laboratory (national or foreign, approved by the World Health Organization).

• Validation Certificate for Product Mock-ups (Maquettes) issued by the relevant Public Health Directorate, ensuring compliance with labeling and packaging requirements (e.g., health warnings).

• Power of Attorney, Free Sale Certificate, Contract Manufacturing Agreement (if applicable), and other corporate documents, legalized at the Tribunal de Commerce.

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II. Product Content and Emissions
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• Disclosure: Manufacturers, exporters and importers are generally required to disclose to ABREP the full information regarding the contents and emissions of their products.

• Safety and Quality: Products must comply with local, regional (e.g., UEMOA guidelines), and international quality and safety standards as assessed by the required laboratory certificates.

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III. Packaging and Labeling
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1. Health Warnings: Packaging and labeling must conform to ABREP's regulations, including mandatory health warnings.

• Format: Rotating combined picture and text health warnings are required to cover a large percentage of the packaging (e.g., 90% of the front and back for tobacco products, by Decree No. 2021-0065, which applies to "similar products").

• Mandatory Information: Labels must include, but are not limited to:

  • Name and address of the manufacturer.

  • Ingredients and amount of constituents present (e-liquid nicotine concentration, etc.).

  • Health Warning.

  • Date of manufacture and Batch number.

  • Date of expiry.

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1. Misleading Terms: Misleading packaging and labeling, including terms such as "light," "mild," "low tar," or other signs that imply reduced harm, are prohibited.

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IV. Sales and Usage Restrictions
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1. Minimum Age: The sale, offer, or gratuitous distribution of e-cigarettes and vapes to persons under the age of 18 is strictly prohibited.

2. Internet and Virtual Sales: The sale of e-cigarettes and vapes via the internet, vending machines, or any other virtual means to end-users without means to ascertain the buyer’s age is prohibited (Decree No. 2022-073).

3. Prohibited Sales Locations: Sales are prohibited in, or within 500 meters of, educational, healthcare, athletic, cultural, and administrative facilities.

4. Advertising and Promotion: Nearly all forms of tobacco advertising and promotion (TAPS), including for "similar products" like e-cigarettes and vapes, are prohibited (Law No. 2017-27). This includes advertising in most media (Internet, cinema, etc.) and promotional sales or distribution of free samples.

5. Smoke-Free Places: The use (vaping) of e-cigarettes is generally subject to the same restrictions as smoking, meaning it is prohibited in all indoor public places, indoor workplaces, and public transport.

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All correspondences should be addressed to:-
Director-General (ABREP),
Attn: The Director
Agence Béninoise de Régulation et
d'Enregistrement des Produits (ABREP)
Ministere de la Sante,
Cotonou, Republique du Benin.
Email: info@santegouvbj.com