BAN AND CHOICE

Azerbaijan is tightening regulation of the alternative tobacco products market: from April 1, 2026, a full ban on electronic cigarettes has been introduced in the country, including their import, export, production, sale, storage and use. Nicotine-containing vapes have been equated with tobacco products, and smoking in public places carries a fine of ₼30.

However, the ban does not cover heated tobacco products, because under the law these products fall into a separate category from electronic cigarettes.

At the same time, experts point out that within the category of “alternative nicotine products” there are fundamentally different technologies and, as a result, different regulatory approaches. And a proper understanding of the market structure is becoming part of a wider debate on harm reduction and managing consumer behaviour.

Different technologies

The fundamental distinction between electronic cigarettes and heated tobacco products lies in the operational principle of the respective devices. Electronic cigarettes function by vaporising a liquid containing nicotine, flavourings and other chemical compounds. When the substance is heated, an aerosol is formed which the user inhales. In this instance, the subject is not tobacco per se, but rather a nicotine-containing liquid whose composition can vary significantly depending on the manufacturer and often remains opaque to the end consumer.

This variability of composition is a key concern for regulators.

The electronic cigarette market is characterised by a high degree of fragmentation, ranging from large international brands to small manufacturers offering products with various flavour additives and nicotine concentrations. This complicates quality control and creates additional risks associated with undeclared components and instability of composition.

Heated tobacco products, on the other hand, involve heating real tobacco without burning it. The temperature in such devices is significantly lower than in traditional smoking methods, enabling users to avoid combustion and the formation of smoke. Instead, an aerosol is formed that contains nicotine and tobacco heating by-products. The key difference is that the device is based on tobacco raw material rather than a liquid with a variable chemical composition.

This discrepancy is significant not only from a technical perspective but also from an institutional standpoint. In several countries, heated tobacco products are categorised separately from other tobacco products. This allows specific rules on taxation, labelling and control to be applied to them. In contrast, electronic cigarettes are often subject to more stringent regulations, or are otherwise classified with nicotine-containing products, which carry a heightened risk of attracting new users. In this context, Azerbaijan’s decision to ban electronic cigarettes fits into the international trend towards tightening controls specifically on the vaping segment.

Existing risks

In terms of health implications, there are substantial differences between the two categories, and neither can be regarded as entirely safe. Electronic cigarettes have been the subject of criticism due to the presence of numerous chemical components in the liquid, including flavourings, which have the potential to form toxic compounds when heated. An additional risk factor is the lack of uniform quality standards and composition control in some market segments, especially with regard to illicit products.

Special attention is paid to the factor of youth uptake. The variety of flavours and marketing strategies has led to a shift in perception, with electronic cigarettes now being viewed as a consumer product in their own right, rather than as a smoking alternative. This has resulted in an increase in consumption among teenagers in several countries, which has become a primary reason for tightening regulation, including full or partial bans.

Heated tobacco products, despite not undergoing a combustion process, still deliver nicotine and maintain addiction. However, a number of international studies indicate a reduction in the level of harmful substances compared to traditional cigarettes, precisely because the burning of tobacco is eliminated.

It is also important to consider the behavioural aspect. Heated tobacco product users are more often former smokers or adult tobacco consumers, whereas electronic cigarettes are aimed more at a new audience. This discrepancy impacts the evaluation of risks from a public health standpoint: in one scenario, we are discussing potential harm reduction for an existing group, while in the other, we are considering the expansion of the consumer base itself.

In the Azerbaijani context, the decision to prohibit electronic cigarettes was primarily motivated by a desire to restrict the proliferation of products that are particularly popular among young people and promote nicotine consumption. Its eye-catching design, flavour additives and accessibility have made this segment particularly sensitive from a social policy standpoint. At the same time, the issue of regulating smokeless systems remains more complex and requires a balance between control and taking into account technological differences, as well as international experience.

Ultimately, the situation surrounding the ban on electronic cigarettes in Azerbaijan demonstrates a broader trend—a shift from a universal approach to more differentiated regulation of various categories of nicotine products.

Separating electronic cigarettes and heated tobacco products at the policy level makes it possible to take into account both technological features and differences in risks and target audiences. Moreover, manufacturers of heated tobacco products that are legally permitted for sale insist on the advisability of taking tough measures against the illegal import into the country of products from unknown manufacturers, as well as doing everything possible to prevent the sale of any products harmful to human health to minors. This creates the prerequisites for a more targeted and reasoned regulatory model, focused not only on restrictions but also on managing the structure of consumption.