Background:

On January 6, 2022, the President of Ukraine signed a comprehensive new tobacco control law, 1978-IX, "Amendment to Certain Laws of Ukraine on the Protection of Public Health from the Harmful Effects of Tobacco", which amended the manufacturing, marketing, labeling, promotion and advertising of tobacco products, including heated tobacco products (HTP), electronic cigarettes and products related to electronic cigarettes. The law will come into force on July 11, 2023 (except for some provisions. The content marked with * indicates that it has come into force)
 

Basic requirements for electronic cigarettes:

1. Nicotine concentration shall not exceed 20mg/mL;

2. The capacity of disposable electronic atomization system and smoke cartridge shall not exceed 2 ml.

3. The capacity of the supplementary container shall not exceed 10 ml;

4. The components of the tobacco oil must be of high purity;

5. The ingredients (excluding nicotine) that must be used in the tobacco oil in the form of heating or not heating will not pose a risk to human health;

6. Ensure the stability of nicotine release level under normal use;

7. The cigarette oil has no unique smell and/or taste;

8. The following substances shall not be added to the cigarette oil:

A. Vitamins or other additives give people the impression that the product is beneficial to health or reduces health risks or health risks are small;

B. Caffeine, taurine or other additives and stimulants related to energy and vitality;

C. Additives with the characteristics of coloring emissions;

9. The electronic atomizer and filling container have the protection against children's contact, damage and leakage, and have the mechanism to ensure that the filling does not leak;

10. Ensure the stability of nicotine release under normal use conditions of the electronic atomizer;

11. * It is prohibited to sell electronic atomizers and cigarette oil to people under the age of 18.

*Packaging requirements

The packaging, filling container and cigarette oil of the electronic atomizer must meet the following requirements:

1) Include a list of all ingredients in descending order of specific gravity, and indicate the content of nicotine in the product, its disposable dose, batch number and suggestions for storing in places inaccessible to children;

2) The following elements (text, symbol, name, trademark, image, etc.) are not included:

? Advertise or publicize the use of products to create a false impression on their characteristics, health effects, risks or emissions;

? Express the view that products are less harmful than other products, or aim to reduce the impact of some harmful components in aerosols (steam), or provide benefits related to vitality, energy, health, and revitalization, have natural or organic characteristics, and other health or lifestyle advantages;

? Display the characteristic taste and aroma of the product, any flavor aroma or other additives or their absence;

? Simulated food or cosmetics;

? The product gives the impression of improved biodegradability or other environmental benefits;

? The packaging of electronic atomizers, filling containers and the liquid they use shall not provide economic benefits by including printing vouchers, discounts (including free distribution), "two items and one price", and other similar benefits.

3) Include one of the following medical warnings:

" Цей вир?б м?стить н?котин - речовину, що виклика? сильну залежн?сть. Не рекоменду?ться для вживання некурцями ";" This product contains nicotine, a highly addictive substance. It is not recommended for non-smokers ";

" Цей вир?б м?стить н?котин - речовину, що виклика? сильну залежн?сть ".

"This product contains nicotine, a highly addictive substance."

The warning must meet the following requirements:

? placed on two larger sides of the package;

? 30% of the corresponding surface area of the package;

? Parallel to the main text on the surface designated for these warnings;

? printed in bold black font on a white background;

? It is placed in a black box with a thickness of 1 mm, and the black box is located in the center of the surface area where the warning message is placed.

4) Requirements for tax subject

The package of electronic atomizer, filling container and the liquid used must contain the following information:

1) Instructions for the use and storage of the product, and indicate that it is not recommended that people who do not use tobacco products use the product;

2) Contraindications;

3) Warnings to consumers from risk groups;

4) Possible adverse consequences;

5) Possibility of addiction and toxicity;

6) The contact information of the manufacturer or importer, and the contact details of the legal person or individual in Ukraine.

Registration requirements

Manufacturers and importers of electronic atomizers (whether or not containing nicotine), supplementary containers and cigarette oil shall submit notifications of these products to the central administrative authority in electronic form six months before the planned introduction into circulation. The notice must contain the following information:

1) The name and contact information of the manufacturer and the legal person or natural person in charge of Ukraine, and, where required by law, the importer of Ukraine;

2) The list of the ingredients contained in the product and the emissions generated by the use of the product shall be listed by brand name and type/type, and the proportion of the ingredients shall be indicated;

3) Toxicological data of product ingredients and emissions from the use of products, including heating, taking into account their impact on human health and any addictive effects when inhaled;

4) Nicotine dose and its absorption information when using the product under normal or reasonably foreseeable conditions;

5) Description of the product components, including the opening and filling mechanism of the electronic atomizer or the filling container;

6) Description of the production process, including information on whether to use batch production, and statement that the production process conforms to the requirements of this article;

7) Declare that the manufacturer and importer are fully responsible for the quality and safety of the product when it is put into circulation and use under normal or reasonably foreseeable conditions.

*Others

Tobacco advertising is prohibited on television and radio, print media and the Internet

Smoking is prohibited in all indoor public places, including restaurants, bars and workplaces

Recommended test

? Toxicological analysis report

? Release test report and data

? Analysis of tobacco oil composition including nicotine content