Electric Cigarette Cartridges and Kashrut – A Halachic Analysis

Question

Hi, I noticed that the cartridges for electric cigarettes have a hechsher. Since we don’t eat it, why does it need a hechsher, and is it important to buy one that has a hechsher?

Answer

Thank you for your question:

I would like to share with you the halachic discussion involving electric cigarette cartridges and the possible prohibitions involved in using a cartridge without a hechsher. Then I will write be’ezrat Hashem what the halacha is lema’aseh (in practice), as brought by our Rav Hagaon Harav Fried Shalita (Azamroh Li’shmecho issue #293)

First, it’s important to assess whether there are any forbidden ingredients in the cartridge of the electric cigarette.

Even though, as you wrote, one does not actually eat the filling, since he tastes it, it is treated with the same stringency — as brought in the Shulchan Aruch YD 108:5:

שולחן ערוך יורה דעה הלכות תערובות סימן קח סעיף ה
 מותר לשאוף בפיו ריח יין נסך דרך נקב שבחבית, לידע אם הוא טוב.
 הגה: אבל אסור לטועמו, אף על פי שאינו בולעו (ריב"ש סימן רפ"ח).

Shulchan Aruch Yoreh De'ah, Siman 108, Se'if 5:
 It is permitted to inhale the smell of Yayin Nesech (forbidden wine) through a hole in the barrel, in order to determine if it is good.
Rema: However, it is forbidden to taste it, even if one does not swallow it (Rivash Siman 288).

We see from the Shulchan Aruch mentioned above that even though one doesn’t actually drink the wine he is checking, nevertheless, since he is able to taste the wine, it would be forbidden (in the case of Yayin Nesech).

So with regard to electric cigarettes, there are two main issues:

  1. Plant based glycerin  (if it’s not plant-based or synthetic, it is usually made from animal fats, which are forbidden to consume).
  2. The added flavoring.

Most of the glycerin used today is plant-based, made from coconuts or soy, which wouldn’t raise kashrut issues. However, recently (תשפ"ה – 2025), 20% of the plant-based glycerin is produced from plant-based oils that were used in non-kosher restaurants and then recycled. Therefore, even if it says “plant-based glycerin,” 20% of all refills sold may be made of non-kosher glycerin.

In halachic terms, this is called מיעוט המצוי — a “minority that exists.” That means that even though the chance of it being non-kosher is technically a minority, since that minority exists, it’s treated as something we need to be concerned about.

For example, we check dates for worms before eating them. Why? Even though most dates are not infested, since a minority are, we still check each one, because there is a real possibility that this date is from the minority that are infested.

There is a dispute among the poskim as to when something is considered mi’ut hamatzuy, which would obligate us to be concerned about its presence:

  • The Rivash (Siman 191) writes that it must be close to 50% and is something assumed to be present.
  • The Mishkenot Yaakov (YD Siman 17) writes that from 10% and up it is already considered significant — he bases this from the Gemara in Bava Batra 93.
  • A third opinion, which is the universally accepted halachic practice, says that if the issue always exists, then even if it’s less than 10%, we are still obligated to check. The example brought above of checking dates for worms is according to this third opinion.

So, according to the Rivash, one would not be obligated to buy a cartridge with a hechsher, since the chance is less than 50%. But according to the Mishkenot Yaakov and the third opinion — which is the halachic ruling we follow in practice — one would definitely need to buy only cartridges that have a hechsher.

However, there are other factors that could allow for leniency:

  • Since the recycled plant-based oil goes through a process that renders it inedible even to a dog, perhaps there is room to be lenient. (for more sources on this subject see Azamroh Li’shmecho Pesach Volume 2)
  • According to some opinions, when it comes to a safek issur, we are not required to be concerned about mi’ut hamatzuy.
  • Also, if there is no chezkat issur (status of being forbidden) on the product, there are views that say one does not need to consider mi’ut hamatzuy.

Therefore, to summarize: Even though there are reasons to be lenient and say one does not need to buy a cartridge with a hechsher, nevertheless, since cartridges with a hechsher are readily available, based on the above, it is appropriate and proper to buy only one that has a reliable hechsher.

Wishing you all the best.



Source

Azamroh Li’shmecho Issue # 293

Shulchan Aruch Yoreh De'ah 108:5
 Rema on Yoreh De'ah 108:5
 Rivash Siman 191
 Mishkenot Yaakov Yoreh De'ah Siman 17
 Gemara Bava Batra 93b

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