Last updated: July 26, 2022

Main Policies

Sale of heated tobacco products

Sale of heated tobacco products

Allowed
Analysis

Law 9636 defines HTP and provides for regulation of HTPs.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Analysis

“Smoking” is prohibited in public places, workplaces, and public transport. The definition of “smoking” includes the use of HTP. Therefore, use of HTP is prohibited in public places, workplaces and public transport. However, there is an exemption which allows smoking in mental health institutions (for patients only). Due to this one exemption, the regulatory status code “Smoking is Restricted” is given.

Advertising and promotion (excluding point of sale product display)

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Uncertain
Tobacco inserts (sticks, pods): Some Restrictions
Analysis

Tobacco advertising and promotion is banned with minor exceptions.  Tobacco advertising and promotion through toys, candy, and reverse brand stretching is allowed. The prohibition on tobacco advertising and promotion further extends to “all products defined in [Law 9636],” which includes HTP.  Accordingly, most forms of advertising and promotion of HTP are banned.  Due to the minor exceptions, however, the regulatory status code "Some Restrictions" is given. 


Devices: Uncertain
Analysis

The prohibition on tobacco advertising extends to “all products defined in [Law 9636].” It is unclear if the definition of HTP applies to tobacco inserts only, or to the device as well. Therefore, it is unclear if advertising and promotion of HTP devices is prohibited. 

Sponsorship

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Uncertain
Tobacco inserts (sticks, pods): Some Restrictions
Analysis

The restrictions on tobacco sponsorship extends to “all products defined in [Law 9636],” which includes HTP.  Therefore, sponsorship of events, activities and individuals is prohibited, but sponsorship of organizations may not be. The ban also does not cover sponsorship that promotes a tobacco manufacturer, but not a specific product. In addition, the prohibition explicitly excludes sponsorship that “is for other beneficial purposes, including investments, which do not constitute advertising of tobacco products.” This exemption is interpreted to allow contributions to corporate social responsibility activities and youth tobacco use prevention programs.


Devices: Uncertain
Analysis

The restrictions on tobacco sponsorship extends to “all products defined in [Law 9636].” It is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if HTP device sponsorship is regulated in any way.

Point of sale product display

Tobacco inserts (sticks, pods): Banned
Devices: Uncertain
Tobacco inserts (sticks, pods): Banned
Analysis

The law prohibits the sale of tobacco products (which includes HTP) through “self-service.” Therefore, HTP inserts cannot be placed on shelves available to the consumer. In addition, the law prohibits tobacco advertising “including . . . promotion through the display of products that imitate external packaging.” Taken together, these provisions are interpreted as prohibiting point of sale product display of HTP inserts.


Devices: Uncertain
Analysis

The law prohibits the sale of tobacco products through “self-service.”  In addition, the law prohibits tobacco advertising “including . . . promotion through the display of products that imitate external packaging.” However, it is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if display of HTP devices is prohibited.

Sale of heated tobacco products via the internet

Tobacco inserts (sticks, pods): Banned
Devices: Uncertain
Tobacco inserts (sticks, pods): Banned
Analysis

The law prohibits the sale of tobacco products (which includes HTP) through the postal service. In addition, the law bans tobacco advertising through information society services (e.g., internet). Therefore, the sale of HTP inserts via the internet constitutes tobacco advertising. Such sales entail delivery through the postal service. Therefore, these provisions prohibit HTP insert internet sales.


Devices: Uncertain
Analysis

The law prohibits the sale of tobacco products through the postal service. In addition, the law bans tobacco advertising through information society services (e.g. internet). However, it is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if the sale of HTP devices via the internet is prohibited.

Sale of heated tobacco products via vending machines

Tobacco inserts (sticks, pods): Banned
Devices: Uncertain
Tobacco inserts (sticks, pods): Banned
Analysis

The law prohibits vending machine sales of tobacco products, which includes HTP. 


Devices: Uncertain
Analysis

The law prohibits vending machine sales of tobacco products, which includes HTP. However, it is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if the sale of HTP devices by vending machine is prohibited.

Flavors

Banned
Analysis

Tobacco products (which includes HTPs) with a characteristic flavor are prohibited.

Specified ingredients/additives

Not Regulated
Analysis

The law does not regulate ingredients other than flavors.

Health warnings on product packaging

Tobacco inserts (sticks, pods): Required
Devices: Uncertain
Tobacco inserts (sticks, pods): Required
Analysis

The law requires HTP packaging to carry a text warning (“This tobacco product damages health and causes addiction”) that occupies 30% of the two largest surfaces of the package.


Devices: Uncertain
Analysis

The law requires HTP packaging to carry a text warning (“This tobacco product damages health and causes addiction”) that occupies 30% of the two largest surfaces of the package. However, it is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if HTP devices must carry a health warning.

Other product packaging and labeling requirements

Tobacco inserts (sticks, pods): Required
Devices: Uncertain
Tobacco inserts (sticks, pods): Required
Analysis

There is a prohibition of the use on tobacco product packaging (including HTP packaging) of terms such as 'low tar content', 'light', 'ultra light', 'mild', or other similar expressions, terms, and signs, images, drawings, or elements that may mislead consumers into believing that the product is less harmful to health than other tobacco products.


Devices: Uncertain
Analysis

There is a prohibition of the use on tobacco product packaging (including HTP packaging) of "terms such as 'low tar content', 'light', 'ultra light', 'mild', or other similar expressions, terms, and signs, images, drawings, or elements that may mislead consumers into believing that the product is less harmful to health than other tobacco products." However, it is unclear if the definition of HTP applies to HTP tobacco inserts only, or to the device as well. Therefore, it is unclear if this prohibition on misleading packaging applies to HTP devices.

Manufacturer/importer disclosure and/or notification requirements

Required
Analysis

Manufacturers and importers of HTPs are required to notify the Ministry of Health regarding products circulating in the domestic market after entry into force of Law 9636 as well as any new products launched.  This notification must include a list of ingredients used in the manufacture of the product and their quantities.  

Location Based Sales

Some Requirements
Analysis

The sale of tobacco products, including HTPs, is prohibited in health institutions, educational institutions, and by street vendors.