Germany plans to ban menthol vapes – what we know so far
A new proposal in Germany is currently attracting attention – and if you vape menthol or anything with a cool, fresh finish, you've probably already come across it.
While menthol is at the center of the discussion, it's not the only ingredient affected. The draft also includes a number of synthetic cooling agents and sweeteners used in many flavored e-liquids – which is one reason why the debate extends far beyond the menthol community.
The proposal is currently still under discussion, and vaping menthol remains legal in Germany. However, because the potential impact is greater than it initially appears, it's worthwhile to understand exactly what is being proposed – and what it could mean if implemented.
Here is a clear overview of the current status.
Table of contents
- What are Germany's plans?
- Why are menthol and cooling agents being scrutinized?
- Why is the proposal being debated?
- How does this relate to the ban on menthol cigarettes?
- What could this mean for vapers?
- What happens next?
- Conclusion
- Frequently Asked Questions
What are Germany's plans?
The Federal Ministry of Agriculture, Food and Home Affairs has submitted this proposal. The aim is to amend the Tobacco Products Ordinance, which would prohibit 13 specific flavorings, sweeteners, and cooling agents – including menthol, sucralose, and the synthetic cooling agents that give e-liquids their characteristic cooling effect.
It's important to know that cooling agents aren't only found in mint and menthol products. They're used in fruit flavors, beverage flavors, and mixed blends – often in amounts that go unnoticed, but are sufficient to round out the vapor. That's why many industry representatives have described this proposal less as a menthol ban and more as a de facto complete ban on flavored e-liquids. E-liquids.
If the proposal is accepted, 2026 would be the earliest possible date for it to come into force.
Why are they standing menthol and coolants put to the test?
The BfR – the German Federal Institute for Risk Assessment – provides the scientific basis. Their argument focuses primarily on behavior: cooling agents suppress the urge to cough, reduce the harshness of the nicotine, and make inhalation easier – which may mask the body's natural warning signals and make nicotine products more attractive to younger or less experienced users.
The Federal Ministry of Agriculture, Food and Home Affairs acts on this basis – with the position that a potential risk is sufficient to justify action, even without clear evidence.
It is noteworthy, however, that the draft itself describes these refrigerants as "little researched" and the available data as "very limited".This discrepancy between the strength of the proposed measure and the actual evidence is one of the main reasons why the proposal is attracting so much attention – and why the discussion is far from over.
Why is the proposal being debated?
Everyone agrees on one thing: young people should not have access to nicotine products. That's beyond question. What's being discussed is whether this proposal actually achieves that goal – and some specific concerns keep resurfacing.
The BfR's current position represents a complete reversal of its own earlier research. Not long ago, the institute's published position was that menthol plays a significantly different role in e-cigarettes than in tobacco cigarettes. This position has since changed – without new research findings and without a public explanation. Industry associations have officially inquired about the matter. A response is still pending.
The German data paints a far more complex picture. The DEBRA study shows that e-cigarette use among 14- to 17-year-olds remained stable at around 2.3% in 2024 – while cigarette use in the same age group actually increased: from 12.1% in 2016 to 14.9% in 2024. This in no way aligns with the narrative of a “youth vaping crisis” that is cited as the basis for the proposal.
The experiences in San Francisco should also serve as a cautionary tale. One in JAMA Pediatrics A published study from the Yale School of Public Health showed that after a flavor ban in a particular district, the likelihood of high school students switching to conventional cigarettes doubled compared to districts without a ban. Removing flavors didn't eliminate demand; it merely triggered a dangerous shift, driving users back to the combustible cigarettes we've been trying to replace with less harmful alternatives for years.
For many adult vapers – especially former smokers – these flavors were more than just a
How does this relate to the ban on menthol cigarettes?
Germany banned menthol cigarettes in 2020, along with the rest of the EU. The logic at the time was the same: menthol makes nicotine products softer and easier to consume – therefore, they should be banned.
What followed is relevant. Data shows that people who smoked menthol cigarettes were very likely to seek out the same stimulants when they switched to vaping.
This proposal goes further than the 2020 ban, which specifically targeted menthol cigarettes. Now, it would also affect products not even labelled as containing menthol, because cooling agents are used across the entire product category.
For some former smokers who switched specifically because of menthol e-liquids, this proposal is about more than just...
What could this mean for vapers?
The proposal has not yet been adopted.Vaping menthol is currently legal in Germany – and that will remain the case until something actually changes.
If the proposal proceeds in its current form, e-liquids containing menthol, sucralose, or any of the listed cooling agents would have to be reformulated or withdrawn from the German market. Exactly which products would be affected depends on the final wording – but given the widespread use of these ingredients behind the scenes in fruit and beverage flavorings, the scope would extend far beyond what is simply labeled "menthol."
Furthermore, this proposed ingredient restriction is not the only regulatory development currently underway in Germany. A separate proposal to ban disposable vapes is also being drafted, primarily for environmental reasons related to battery waste and fire hazards. The nicotine concentration is already limited to 20 mg/ml under EU law, and the German excise tax on e-liquids was reduced in January as part of the multi-stage tobacco tax modernization law. 2026 €0.32 per milliliter achieved – that corresponds €3,20 Tax only on each standard 10ml bottle.
What happens next?
As a ministerial regulation, the approval process follows a different path than for a regular parliamentary law – however, it still requires EU notification, during which a mandatory review period applies to ensure compliance with EU trade law. If no objections are raised, the regulation can enter into force. After its promulgation, manufacturers and distributors would have a six-month transition period before the new rules take effect.
It's worth noting that the Federal Council had already rejected a similar BMEL proposal regarding menthol in 2017, instead calling for a maximum quantity regulation. Whether it will take a different position this time is one of the open questions in the process.
TPD3 – the revision of the EU Tobacco Products Directive – is also progressing in parallel. The outcome at the European level will influence what individual countries like Germany can do. Both processes are worth keeping an eye on.
The science is still being challenged. The scope of application is still being debated. Nothing has been decided.
Conclusion
If you're considering this proposal and have questions about what it might mean for you – you're not alone. It's a topic that's sparking real discussions in the vaping community and beyond.
The debate is still open, the science is still being questioned, and no final decision has been made. We will continue to monitor how this develops – and if anything significant changes, whether the proposal moves forward, is amended, or stalls, we will update this article so you always have the clearest picture.
Frequently Asked Questions
- Is vaping menthol currently legal in Germany?
Yes. The proposal is currently a draft bill and has not yet come into force. Menthol e-liquids remain legal to buy and use in Germany while the review process is underway.
- What would actually be banned?
Menthol, sucralose and 13 specific synthetic coolants in e-liquids.Since these ingredients are found in a wide variety of flavored products, the impact would likely extend far beyond products labelled as containing menthol. The final scope depends on legislation.
- When could that happen?
The earliest possible date would be 2026, if the proposal is accepted – and after its announcement, a six-month transition period would apply before the rules come into force.
- Would the proposal affect all vape devices?
No. This regulation applies exclusively to e-liquid ingredients. The devices themselves are not directly affected – but any liquid containing the prohibited substances would have to be reformulated or withdrawn from the market.
- Is this the same as the ban on single-use vaping devices?
No – separate proposals, different reasons. The ban on single-use devices addresses environmental concerns and battery waste. This proposal targets e-liquid ingredients and falls under the category of health and youth protection.
References
- Federal Institute for Risk Assessment (BfR). (2026, January 23). Opinion No. 003/2026: E-cigarette cooling agents may pose health risks.
- Federal Institute for Risk Assessment (BfR). (2024, December 4). Notification No. 55/2024: Flavorings in e-cigarettes – Updated assessment of safrole, sucralose and menthol.
- Federal Office of Consumer Protection and Food Safety (BVL). (n.d.). Legal framework for tobacco products in Germany.
- Tagesschau. (June 2026). Addiction Commissioner Streeck calls for a ban on sweet flavors in e-cigarettes..
https://www.tagesschau.de/inland/innenpolitik/suchtbeauftragter-streeck-100.html
- Clearing the Air. (2026, March). Germany Plans Menthol Vape Ban Under Draft Cooling Agents Rule.
https://clearingtheair.eu/en/post/germany-plans-menthol-vape-ban-under-draft-cooling-agents-rule/
- DIFA (DEBRA Study). (2024). German Study on Tobacco Use: Continuous monitoring of smoking and vaping behavior in Germany.
- Friedman, AS (2021). Association of San Francisco's Prohibition of Sale of Flavored Tobacco Products With Smoking Among Youth. JAMA Pediatrics.
https://jamanetwork.com/journals/jamapediatrics/fullarticle/2775685
- ECigIntelligence. (2026, March). Germany: E-Cigarette Regulation, March 2026.
https://ecigintelligence.com/germany-e-cigarette-regulation-march-2026/
- World Vapers' Alliance. (2026, January). The Looming Threat of a Flavor Ban in Germany: A Critical Analysis.
https://worldvapersalliance.com/the-looming-threat-of-a-flavour-ban-in-germany-a-critical-analysis/
