Skip to content
LUMETabaco em Lisboa

Guide

How heated tobacco and e-cigarettes are defined and regulated in Portugal

Heated tobacco products and electronic cigarettes are legally distinct from cigarettes and roll-your-own tobacco, with their own definitions and rules under Portuguese and EU law. This is a factual, non-promotional overview; LUME does not sell these products.

Last checked: September 2026

In short

Portuguese law (Lei n.º 37/2007, as amended by Lei n.º 63/2017) extended the legal concept of "smoking" to cover new, non-combustion tobacco products that produce aerosols, vapours, gases or inhalable particles — which is why heated tobacco products fall under the same smoke-free-places and advertising restrictions as cigarettes, even though they heat rather than burn tobacco. Electronic cigarettes, which vaporise a liquid that may or may not contain nicotine rather than heating tobacco leaf, are regulated as a separate category under Directive 2014/40/EU (covering notification, safety, refill containers and labelling) and under Portuguese excise rules that from 1 January 2024 also apply the Imposto sobre o Tabaco to nicotine-free e-liquids; both product types are treated by Portuguese and EU regulators as their own categories, not as variants of cigarettes.

Key points

  • Heated tobacco heats real tobacco leaf; it does not combust it, but is legally treated as smoking under Portuguese law.
  • E-cigarettes vaporise a liquid and are regulated under their own chapter of the EU Tobacco Products Directive.
  • Since 1 January 2024, Portugal's tobacco tax also covers nicotine-free e-liquids.
  • Both categories are legally separate from factory-made cigarettes and roll-your-own tobacco.
  • LUME does not sell heated tobacco devices or e-cigarettes.

Heated tobacco: a non-combustion tobacco product

Heated tobacco products contain actual tobacco that is heated, rather than burned, to produce an inhalable aerosol. Lei n.º 63/2017 amended Portugal's tobacco-control law (Lei n.º 37/2007) specifically to bring these "new non-combustion tobacco products" within the legal definition of smoking, extending smoke-free-place rules, exposure protections, and advertising and promotion restrictions to them in the same way as to cigarettes.

Electronic cigarettes: a separate category under EU law

Electronic cigarettes and refill containers are regulated by their own chapter of Directive 2014/40/EU, covering pre-market notification to authorities, nicotine concentration and volume limits, child-resistant and tamper-evident packaging, leaflet information requirements, and a ban on the same misleading health/lifestyle claims that apply to tobacco products. This is a distinct regulatory track from cigarettes and heated tobacco, reflecting that e-cigarettes vaporise a liquid rather than combusting or heating tobacco leaf.

Taxation of e-liquids and heated tobacco in Portugal

Portugal's Código dos Impostos Especiais de Consumo (CIEC) already applied the Imposto sobre o Tabaco to heated-tobacco sticks and to nicotine-containing e-liquids; from 1 January 2024, that tax was extended to nicotine-free e-liquids as well, according to Autoridade Tributária administrative guidance on these product categories. This confirms, from the tax side, that heated tobacco and e-cigarette liquids are treated as their own defined product classes rather than as cigarettes.

Why LUME does not list these products

Because heated tobacco devices and e-cigarettes sit under distinct regulatory and labelling regimes from factory-made cigarettes, and because this guide is purely descriptive, we do not sell or promote them; nothing here should be read as a comparison of relative risk between product categories, a matter for the health authorities cited below, not for a retailer.

Common questions

Are heated tobacco products the same as e-cigarettes?
No. Heated tobacco heats actual tobacco leaf to produce an aerosol, while e-cigarettes vaporise a liquid; the two are regulated under different provisions.
Are heated tobacco products covered by Portugal's smoke-free-places law?
Yes. Lei n.º 63/2017 extended the legal concept of smoking to these non-combustion products, bringing them under the same smoke-free rules as cigarettes.
Does LUME deliver vapes or heated tobacco sticks?
No, these are separate product categories not carried in our catalogue.

Sources

This page is general information about Portuguese rules and Lisbon practice, not legal advice. Rules change; check the sources for the current text. Tobacco is for adults 18 and over.

Related pages