Electronic cigarettes: A sector taking advantage of the legal vacuum
The electronic cigarette business is flourishing in Morocco. Imports to the end of 2023 amounted to almost 215.9 million Dirhams (USD 21 million), compared with 104 million Dirhams (USD 10 million) in 2022. Nicotine versions account for around 94% of imports. This reflects the growing popularity of e-cigarettes among Moroccan smokers.
In any case, this tobacco substitute is not regulated in Morocco. This product has been tax-regulated since the 2024 Finance Law set a new domestic consumption tax scale for the single-use version, i.e. 40% per kilo of liquid instead of 2.5%, the scheme not being taxed as is the case with heated tobacco. The e-cigarette in question should not be confused with heated tobacco, listed in Article 10 of law no. 66-20 (see L’Economiste no. 5887 of 19/11/2020), which represents a different consumption process from tobacco combustion or conventional cigarettes. The principle of the electronic cigarette is to heat a liquid to create an aerosol which is inhaled by the consumer. This liquid is not tobacco. It may or may not be nicotine-based, and, depending on the variant, may contain additives, flavoring, or harmful chemicals. Vapes come in two variants: the first one is a closed system in which the user buys a ready-to-use device that requires no human intervention. The second type of vapes involves refilling the bottle «retail» from a merchant, as in the days of Dupont lighters. «A formula reminiscent of cigarette retailing», said one member of the business community, who pointed out that the financial stakes are monopolized by the closed system.
Morocco is one of 74 countries without any regulations governing e-cigarettes. The absence of regulations poses a number of problems, starting with the lack of a definition. According to figures from the Moroccan Foreign Exchange Office, the overwhelming majority of products marketed in Morocco are «Made in China», representing some 90,000 kilos of products by 2022. China is the largest producer of electronic cigarettes, followed by Canada (4,750 kilos); and the USA (3,463 kilos).
Furthermore, the packaging does not mention nicotine levels, since the 10-1-10 standard came into force on January 1, 2024, and is applied by all distributors. The expiration date, or at least the date of manufacture, is also missing from the packaging. It should also be remembered that the heated liquid is inhaled by consumers, which has an impact on health. Hence the need for the Moroccan food safety agency (Office Marocain de Sécurité Sanitaire des Aliments, ONSSA) to legislate or control these products.
Hassan EL ARIF
