Without advertising and with restrictions: anti-tobacco draft law is again under consideration of people’s deputies

From November 2 to 5, the Verkhovna Rada may adopt the so-called "anti-tobacco draft law" in the second reading, which provides for a total ban on advertising and sponsorship of electronic cigarettes, devices for heating tobacco without burning them.

Rubryka reports with reference to the Center for Democracy and the Rule of Law.

The draft Law №4358 "On Amendments to Some Laws of Ukraine on Public Health Protection from the Harmful Effects of Tobacco" was registered a year ago, and in the summer of 2021, it was adopted in the first reading.

Experts explain that the laws and regulations governing the tobacco business in Ukraine today were adopted in 2012 and no longer correspond to reality. For example, current legislation doesn't regulate the sale and advertising of heated tobacco products (including IQOS and Glo).

What exactly will change in case of adoption of the draft law:

• medical warnings on packs of tobacco products, packaging of electronic cigarettes, refilling containers and liquids used in electronic cigarettes, packaging of herbal products for smoking, as well as smokeless tobacco products will change;
• advertising activities and sponsorship of electronic smoking devices will be banned;
• selling heated tobacco products (HTPs) to minors will be prohibited;
• it will be illegal to sell cigarettes and tobacco for self-rolling with different tastes;
• it will ban smoking heating devices in public places, as is already the case with cigarettes and e-cigarettes.

Lawyer Hlib Kolosov also says that the responsibility for violating the "anti-tobacco" law will increase:

"The current law already establishes a penalty of 400 to 800 tax-free minimums of citizens (6800-13600 hryvnias) for the sale of tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consuming tobacco products without burning them.

As for HTPs, according to the same law, this tobacco product will fall under the concept of tobacco product from 01.06.2022.

Concerning advertising, there is a liability for violations of advertising and sponsorship. Therefore, advertising of tobacco products (including HTPs) will cost 30,000 hryvnias, and in case of repeated violations during the year, it will be 50,000 hryvnias for each fact of advertising on a separate advertising medium or each event to stimulate the sale of tobacco products."

If adopted, the law will enter into force 18 months after its publication. However, some provisions of the draft law will take effect earlier, and some, later. For example, Hlib Kolosov notes:

"The norm of Article 13 on expanding the list of places where smoking will be prohibited will come into force in 6 months from the date of publication of the Law."