Germany OLG Cologne: Touchscreen Vape Use Violates Driving “Phone Ban”

Oct.27.2025
Germany OLG Cologne: Touchscreen Vape Use Violates Driving “Phone Ban”
Germany’s OLG Cologne ruled that adjusting an e-cigarette touchscreen while driving violates the “phone ban” under road traffic law. The driver, caught changing vape settings on the highway, was fined €150 and received one penalty point, as the court said such actions pose significant distraction risks.

Key Highlights

 

  • OLG Cologne ruled adjusting a touchscreen vape equals using a phone while driving.
  • Based on Section 23(1a) StVO, the “mobile device ban.”
  • Driver fined €150 and one penalty point added in Flensburg.
  • Court found the vape’s touchscreen a “device with display functions.”
  • Decision sets legal precedent extending driving restrictions to e-cigarettes.

 


 

2Firsts, October 27, 2025 — According to Legal Tribune Online (LTO), Germany’s Cologne Higher Regional Court (OLG Köln) has ruled that operating an e-cigarette with a touchscreen while driving violates the “mobile device ban” in Section 23(1a) of the German Road Traffic Regulations (StVO).

 

The case involved a man from Cologne seen by police making tapping gestures while driving an Audi A6 on the autobahn. Believing he was using a phone, officers fined him €150. Later, it emerged he was adjusting his vape’s power settings via touchscreen.

 

Both the Siegburg District Court and OLG Cologne concluded the act constitutes “use of an electronic device” under the same provision. The court stated that a vape with a touchscreen is a device with a “touch display” as defined by the law, since it shows and adjusts power levels.

 

The ruling emphasized the “significant distraction potential” of such devices, comparable to changing a phone’s volume. As a result, the driver must pay the fine and receives one demerit point in Flensburg’s traffic record system.

 

This marks the first legal precedent in Germany clarifying that touchscreen vapes fall under existing restrictions on using electronic devices while driving.

 

Image source: LTO / OLG Köln

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana's Alcohol and Tobacco Commission (ATC) ordered tobacco certificate holders in September to remove certain vaping products marketed under Elf Bar, Lost Mary, MR FOG, iJOY and other brands from inventory under the state's foreign-adversary product law. The agency later listed 257 MR FOG products and 77 Lost Mary product entries as lawful for sale. The Lost Mary revision expressly stated that compliance evidence had been received for 20 additional products. 2Firsts compliance expert Kurt said potential filings could include e-liquid and ingredient-origin records, U.S. nicotine-analog supply-chain documentation and FDA premarket application status.
Regulations
Oct.08
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
Philip Morris International's IQOS has extended its partnership with electronic-music event brand ZAMNA to Spain, setting up a House of IQOS at ZAMNA Madrid. Vogue España and Time Out Madrid subsequently published branded content clearly labeled as collaborations with IQOS. PMI has also expanded its company-owned IQOS boutique network in Spain to seven cities this year. The company says IQOS's adjusted heated-tobacco market share in Europe reached 12.6% in the first quarter of 2026, with Spain among its stronger-performing European markets.
Sep.20
India Duty-Free Nicotine Pouch Sales Face Regulatory Test as ZYN, FOX Classification Remains Open
India Duty-Free Nicotine Pouch Sales Face Regulatory Test as ZYN, FOX Classification Remains Open
The Bombay High Court has ruled that airport duty-free shops are not exempt from India's domestic regulatory laws merely because they operate beyond the customs barrier, leaving in place a sales halt covering ZYN and FOX nicotine pouches at Mumbai's international airport. The court, however, did not determine that the products necessarily qualify as "drugs" under India's Drugs and Cosmetics Act. The retailers have four weeks to submit product information to the appropriate authorities, including CDSCO, which must complete its review within 30 days of receiving the submissions.
Sep.24
Special Report | From Oversupply to Supply Gaps: Global Tobacco Leaf Markets Diverge Ahead of 2027
Special Report | From Oversupply to Supply Gaps: Global Tobacco Leaf Markets Diverge Ahead of 2027
Global tobacco leaf markets diverged sharply in 2026, with India cutting authorised FCV production amid oversupply while Malawi faced a supply shortfall. U.S. demand improved in some leaf categories, but growers in Brazil, Colombia, Tanzania and Zimbabwe faced pressure from prices, buyer access, costs and weather. With nicotine consumption patterns also shifting, 2027 will test whether supply, demand and grower profitability can move back toward balance.
Oct.26
AIR Global Starts Debt Refinancing Four Months After Nasdaq Listing With About $400 Million Notes Expected
AIR Global Starts Debt Refinancing Four Months After Nasdaq Listing With About $400 Million Notes Expected
AIR Limited, a wholly owned subsidiary of AIR Global, has launched an offering of U.S. dollar-denominated senior unsecured notes, with proceeds primarily intended to repay its existing term loan and revolving credit facility. AIR has not disclosed the final size, maturity or coupon; Refinitiv, citing Moody's, reported an expected issuance of approximately $400 million and a Ba3 rating. AIR had about $412.4 million outstanding under the two bank facilities at June 30 and net debt of $344.8 million. In the first half of 2026, AIR's Al Fakher-led flavored shisha molasses business generated about 99% of company revenue, while New Growth Categories including Crown Switch produced $2.2 million in revenue and remained loss-making on an adjusted EBITDA basis.
Sep.23
As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As regulators pay closer attention to child safety in nicotine pouches, manufacturers face a practical challenge: how to strengthen child-resistant packaging without unnecessarily reworking products, production lines and regulatory submissions already in place. In a written interview with 2Firsts, Chemular detailed Safeguard’s external packaging approach, its customer-specific testing requirements and possible PMTA pathways. The model remains early-stage, but it offers a new way to think about an increasingly important regulatory and manufacturing issue.
Industry Insight
Sep.19