Is vaping illegal in Singapore?

Yes, vaping is illegal in Singapore, pursuant to section 16 of the Tobacco (Control of Advertisements and Sale) Act 1993. This includes the use of e-cigarettes, vaporisers, and disposable vapes, regardless of whether they contain nicotine. Importantly, this prohibition applies regardless of age or location – whether someone is vaping on the streets or inside private property (including work premises) – the possession and the act of vaping is illegal.

Offenders who are caught may be issued a fine of up to S$2,000.

Consequences of using Kpods in Singapore

Using Kpods (vape juices laced with substances such as Etomidate and ketamine) in Singapore is illegal as well. Under section 9 of the Misuse of Drugs Act 1973 (MDA), it is an offence to have in his/her possession an article intended for the smoking, administration or consumption of a controlled drug. Given that Ketamine is classified as a controlled drug within the MDA and that etomidate is classified under the Poisons List within the Poisons Act 1938 (PA), the usage of Kpods would be an a punishable offence under the MDA and/or the PA, depending on the particular drug consumed.

Offenders who are caught consuming Etomidate may be issued a fine of up to S$10,000 or imprisoned for a term not exceeding 2 years or both.

Offenders who are caught consuming Ketamine may be issued a fine of up to S$20,000 or imprisoned for a term not exceeding 1 years or both.

What can employers do about employees who vape in work premises?

Employers can expressly prohibit employees from smoking and vaping in work premises, by explicitly stating this in the employment terms (either contract or handbook).   

Pursuant to section 14(1) of the Employment Act 1968 (EA), employers may terminate employees who vape in work premises on the grounds of misconduct, following due inquiry. 

This is because the act of vaping in work premises would be a flagrant breach of the law.

Alternatively, employers may at their discretion exercise other disciplinary methods (besides the aforementioned termination of employment), such as issuing the employee warning letters or suspending the employee without pay for a maximum duration of one week. The employers must however exercise their discretion to discipline such employees in accordance with the employment agreement (employment contract etc.) between the employer and the employee, as well as comply with the EA.

On the point of due inquiry, employers may, during this period, suspend the employee for a maximum duration of one week (unless an extension is granted by the Commissioner of Labour), but may pay the employee at least half his/her salary.

Employers are not legally obliged to report employees who vape in work premises to the Health Science Authorities, but may do so if they wish.  A report may be made through https://go.gov.sg/reportvape or by calling the Tobacco Regulation Branch at +65 6684 2036 or +65 6684 2037, from 9:00am to 9:00pm daily (including weekends and public holidays).

For more information on this article, please contact Jennifer Chih

“The information provided in this page is for general informational purposes only and is not intended to constitute legal advice. We do not warrant its accuracy or completeness or accept any liability for any loss or damage arising from any reliance thereon. While we strive to provide accurate and up-to-date information, the legal landscape is constantly evolving, and the details of any given case may change over time.”