Last updated: May 11, 2024

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits the sale of individual cigarettes, cigars and cigarillos.

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.

Sale of tobacco products via vending machines

Banned
Gavel
Expand to view related litigation
Analysis

Law No. 349 of 2002 prohibits the sale of tobacco products through vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors) with respect to vending machines.

Sale of tobacco products via the internet

Some Restrictions
Analysis

Law No. 201 of 2016 prohibits cross-border distance sales of tobacco products to consumers in Romania (incoming). The law also prohibits retailers in Romania from engaging in cross-border distance sales to consumers in other EU Member States where such sales have been prohibited. These prohibitions are interpreted as banning certain internet sales. The law further requires retailers who engage in permitted cross-border distance sales to use an age verification system and register with the competent authority. The requirement of an age verification system, however, is not interpreted as prohibiting internet tobacco product sales. As some internet sales are permitted and others are not, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all internet tobacco product sales as internet sales are an inherent form of tobacco advertising and promotion.

Sale of smokeless tobacco products

Some Restrictions

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits the sale of tobacco products on the premises of state-owned or private education facilities.

Playgrounds

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits the sale of tobacco products on the premises of state-owned or private healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law requires that a "unit packet of cigarettes shall . . . include no less than 20 cigarettes."

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The sale of tobacco for oral use is prohibited. The law does not specify a minimum weight requirement for other types of smokeless tobacco products.

Minimum weight of roll-your-own tobacco per unit package

Yes

Retail Licensing Requirements

Specific retail license or equivalent approval required to sell tobacco products

No
Analysis

The law does not require a specific retail license or equivalent approval to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license or equivalent approval to sell tobacco products.