Empty replacement tanks for electronic cigarettes are prohibited from being given to children and adolescents in Germany. The Federal Court of Justice ruled on Wednesday that even empty tanks fall under the age‑restriction rules, because they are intended for the consumption of e‑liquids.
In the underlying case, a plaintiff who sells e‑cigarettes and accessories sued a retailer that sold empty tanks online without verifying age. Both the District Court of Bochum and the Higher Regional Court of Hamm largely awarded the plaintiff’s claims. The Federal Court of Justice confirmed that providing such tanks without age verification violates the Youth Protection Act.
The defendant must stop distributing them and report on the scope of the violation. The plaintiff’s claim to recover reprimand costs was upheld, while the request for information on the profits earned was rejected (judgment of 11 March 2026 – I ZR 106/25).
