Overview
- Germany’s Federal Court of Justice in Karlsruhe largely upheld lower-court decisions from Bochum and Hamm that interpreted the youth law’s reference to electronic cigarettes and their containers to include empty replacement tanks.
- The court found the tanks are intended exclusively for e‑liquid consumption and pose health risks to minors even when not filled.
- Offering or delivering such tanks without age verification constitutes an unfair commercial practice, and sellers must ensure no handover to minors during sale and delivery.
- The case arose from a June 2023 order in which no age check occurred at checkout or on delivery; the dispute between two accessory vendors is recorded as Az. I ZR 106/25.
- Online retailers are expected to use age checks at checkout and verified handover at the door, with common methods including database verification and courier ID checks that add per‑order costs.