NO SMOKING FRIENDLY. 100% of workplaces in Ukraine are free of tobacco smoke and e-cigarettes as from July 11, 2022.

On July 11, 2022, the provision of the Anti-Tobacco Law 1978-IX came into force in Ukraine, protecting citizens from second-hand tobacco and nicotine emissions and smoke. The provision bans the smoking of heated tobacco products (HTP) in public places determined by the Law along with cigarettes, hookahs, and e-cigarettes (smoking has been banned since 2012).

Moreover, the provisions of the Law prohibit smoking rooms on premises of companies of all forms of ownership and empower local authorities to determine additional smoke-free places.  

The following are prohibited to smoke, consume, or use as from July 11, 2022:

  • tobacco products (and items related to their use);
  • devices for consuming heated tobacco products;
  • e-cigarettes;
  • hookahs;
  • herbal products for smoking.

Where is smoking banned?

The exhaustive list of places where smoking of the above tobacco and nicotine products is banned is determined by the Law.

“The right of citizens to smoke-free environment in workplaces and in public spaces will be protected by law. I believe that as long as the Armed Forces of Ukraine defend all of us at the front, Anti-Tobacco Law No. 1978-IX will protect the health of Ukrainian children and youth in the rear,” said Lada Bulak, People’s Deputy of Ukraine, member of the Committee on Public Health, Medical Assistance and Medical Insurance.

 

Using of devices for heated tobacco products is now banned along with cigarettes, hookahs, and e-cigarettes in public places determined by the Law. Both the offending smokers and the business entities where the offense is committed are responsible for the violation of the Law. The compliance with smoke-free legislation by individuals is controlled by the National Police. The compliance with the smoking ban by business entities is supervised (controlled) by the State Service of Ukraine on Food Safety and Consumer Protection.

According to the representative survey conducted by the Kyiv International Institute of Sociology (KIIS) in May 2022 among residents of Ukraine (aged 18 and older), the absolute majority of respondents (80%) support a ban on smoking heated tobacco products in public places (they are smoked using devices represented in Ukraine by glo, IQOS brands). At the same time, 86% of respondents spoke in favour of increasing the number of smoke-free public places (e.g., workplaces, offices, premises of companies, hotels).

“100% of public spaces and indoor workplaces are free of tobacco smoke and toxic emissions from e-cigarettes and hookahs as from July 11. The health of employees and visitors is protected by law. Thank you for not smoking in determined places, especially when almost all outdoor places are still used for smoking. Respect and mutually supportive relationship make our society stronger to win,” said Dmytro Kupyra, Executive Director of NGO “Advocacy Center “LIFE”.

 

85,000 Ukrainians die from smoking-related diseases each year. Smoking also causes significant damage to our economy: experts estimate that the annual economic losses amount to 3.2% of Ukraine’s GDP, or about UAH 179 billion (as of 2021) due to early disability among smokers, social benefits and treatment of smoking-related diseases.

 

 

 Background information

The lack of any HTP regulation made it possible for the tobacco industry to run aggressive advertising campaigns among children and youth about “stylish” and allegedly less harmful smoking trying to bring tobacco emissions back to public spaces and homes. This has resulted in an increase in HTP use. It will be much more challenging for the tobacco industry to draw new smokers from now.

 

The definition of “tobacco products” is changed as from July 1, 2022, in accordance with Law of Ukraine No. 1019-IX, including now heated cigarettes (glo and IQOS). Heated cigarettes (HTP) are now subject to all provisions of the current legislation protecting the public from tobacco harm, along with traditional tobacco products, in particular:

 

sale to persons under 18 is prohibited (prior to the mentioned changes, heated tobacco cigarettes were sold even to children since they were placed on the market in 2016). The violation entails a fine of UAH 6,800 for the business entity and from UAH 6,800 to UAH 13,600 for the seller;

 

  • health warnings are to be applied to heated cigarette packs as required for tobacco products.

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