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Ban on sale, advertising of e-cigarettes, tobacco products with flavour additives comes into force

From now on, electronic smoking devices may not be advertised in Ukraine and e-cigarettes and e-liquids with aromatic and flavour additives may not be sold. 

Ban on sale, advertising of e-cigarettes, tobacco products with flavour additives comes into force
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The relevant amendments came into force on 11 July 2024 under Law No. 1978, the Ministry of Health reports.

The law bans the sale of tobacco products with flavouring additives (energy supplements, vitamins, caffeine, taurine; additives that make smoke emissions coloured) that could mislead consumers about the effects of tobacco use. 

With regard to e-cigarettes, it is prohibited to sell liquids with or without nicotine that contain flavouring additives (including fruit, menthol or caffeine). Until 11 July 2024, such items could be sold provided that they were put up for sale before 11 July 2023.

Also, starting from 11 July, the circulation of tobacco products and e-cigarettes with medical warnings to consumers that do not meet the requirements of the law is prohibited.

In addition, the following are banned

  • cigarettes with emission levels in the smoke of one cigarette exceeding: nicotine - 1 milligram, tar - 10 milligrams, carbon monoxide - 10 milligrams;
  • cigarettes and tobacco for roll-your-own tobacco containing flavouring additives in any components (in particular, filter, paper, capsules containing tobacco or nicotine, or flavouring additives);
  • tobacco for oral consumption.

These provisions of the anti-tobacco legislation are based on the WHO Framework Convention on Tobacco Control and Directive 2014/40/EU, which provide for restrictions on the use of marketing technologies in the tobacco industry aimed at increasing the attractiveness of tobacco products, promoting sales and creating the illusion of less harm.

According to a recent study by the World Health Organisation (WHO), there are 1.25 billion adult tobacco users worldwide, meaning that approximately one in five adults smokes, compared to one in three in 2000.

In order to globally reduce the level of tobacco use among the population, the WHO Framework Convention on Tobacco Control (WHO FCTC) was established in 2003. Ukraine ratified it in 2006. 

Control over compliance with anti-tobacco legislation has been resumed since April 2023.

The grounds for unscheduled inspections are also based on consumer requests to the State Service of Ukraine on Food Safety and Consumer Protection. 

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