Empty replacement tanks for electronic cigarettes may not be handed over to children or adolescents in Germany. The Federal Court of Justice ruled on Wednesday that even unfilled tanks fall under the youth‑protection prohibition on distribution, because they are intended for the consumption of e‑liquids.
In the original case, a plaintiff who sells e‑cigarettes and accessories sued a retailer who offered empty tanks on the Internet without performing age verification. Both the District Court in Bochum and the Higher Regional Court in Hamm largely sided with the plaintiff. The Federal Court now confirms that providing such tanks without age verification violates the Youth Protection Act.
The defendant is ordered to stop distributing the tanks and must provide information on the scope of the violation. The plaintiff’s claim for reimbursement of the warning costs was upheld, while the request for information on the profits earned was rejected (judgment of 11 March 2026 – I ZR 106/25).