Last updated: February 19, 2022

Main Policies

Sale of heated tobacco products

Sale of heated tobacco products

Allowed
Gavel
Expand to view related litigation
Analysis

The law allows the sale of “tobacco products” and “devices and accessories for the use, recharging, or heating of tobacco products,” which, by definition, includes HTPs subject to restrictions, including a ban on internet and vending machine sales, restrictions on the location of the sales, and a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in all indoor public places, workplaces, and public transport, and applies the smoking prohibition to HTPs.

Advertising and promotion (excluding point of sale product display)

Tobacco inserts (sticks, pods): Banned
Devices: Banned
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Banned
Analysis

The law bans nearly all direct and indirect forms of advertising and promotion of tobacco products, which, by definition, includes tobacco inserts.


Devices: Banned
Analysis

The law bans nearly all direct and indirect forms of advertising and promotion of devices and accessories for the use, recharging, or heating of tobacco products, which, by definition, includes HTP devices.

Sponsorship

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Some Restrictions
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Some Restrictions
Analysis

The law bans the promotion through sponsorship of any tobacco product, which, by definition, includes tobacco inserts.

The law also bans the tobacco industry from publicizing sponsorship or charitable contributions. This includes prohibiting their initiation of or participation in sponsorships or charitable activities that result in the use of the business entity's name, the tobacco product’s trademark, or brand names of tobacco products, which, by definition, includes tobacco inserts.


Devices: Some Restrictions
Analysis

The law bans the promotion through sponsorship of any devices and accessories for the use, recharging, or heating of tobacco products, which, by definition, includes HTP devices.

The law also bans the tobacco industry from publicizing sponsorship or charitable contributions. This includes prohibiting their initiation of or participation in sponsorships or charitable activities that result in the use of the business entity's name, the tobacco product’s trademark, or brand names of devices and accessories for the use, recharging, or heating of tobacco products, which, by definition, includes HTP devices.

Point of sale product display

Tobacco inserts (sticks, pods): Banned
Devices: Banned
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Banned
Analysis

The law bans the point of sale product display of tobacco products, which, by definition, includes tobacco inserts.


Devices: Banned
Analysis

The law bans the point of sale display of devices and accessories for the use, recharging, or heating of tobacco products, which, by definition, includes HTP devices.

Sale of heated tobacco products via the internet

Tobacco inserts (sticks, pods): Banned
Devices: Banned
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Banned
Analysis

The law bans the sale of tobacco products via the internet, which, by definition, includes tobacco inserts.


Devices: Banned
Analysis

The law bans the sale of devices and accessories for the use, recharging, or heating of tobacco products via the internet, which, by definition, includes HTP devices.

Sale of heated tobacco products via vending machines

Tobacco inserts (sticks, pods): Banned
Devices: Banned
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Banned
Analysis

The law bans the sale of tobacco products via vending machines, which, by definition, includes tobacco inserts.


Devices: Banned
Analysis

The law bans the sale of devices and accessories for the use, recharging, or heating of tobacco products via vending machines, which, by definition, includes HTP devices.

Flavors

Allowed
Analysis

The law does not restrict flavors in HTPs.

Specified ingredients/additives

Not Regulated
Analysis

The law does not restrict or prohibit ingredients and additives for use in HTPs.

Health warnings on product packaging

Tobacco inserts (sticks, pods): Required
Devices: Not Required
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Required
Analysis

The law requires that text-only health warnings stating in the official language “[t]his product severely damages the health and creates addiction” must be placed on all packaging for smokeless tobacco products, which, by definition, includes tobacco inserts. The warning must cover at least 30% of the two largest surfaces (i.e., front and back) of the unit pack and the outer packaging.


Devices: Not Required
Analysis

The law does not address health warnings on packaging for devices. Therefore, health warnings on packaging for devices are not required.

Other product packaging and labeling requirements

Tobacco inserts (sticks, pods): Required
Devices: Not Required
Gavel
Expand to view related litigation
Tobacco inserts (sticks, pods): Required
Analysis

The law lists information that is required on each product package including information about quitting smoking. The law prohibits labeling and packaging that suggests that a tobacco product, which, by definition, includes tobacco inserts, is less harmful than other products or that promotes the tobacco product using false, misleading means, or that could create erroneous impressions about its characteristics, health effects, risks and emissions.


Devices: Not Required
Analysis

The law does not address other product packaging and labeling requirements for devices.

Manufacturer/importer disclosure and/or notification requirements

Required
Gavel
Expand to view related litigation
Analysis

The law requires manufacturers to submit required information to the National Public Health Agency about tobacco products and devices and accessories for their use, recharging, or heating, which, by definition, includes both tobacco inserts and devices. The required information includes lists of ingredients and emission levels for new or modified tobacco products and devices and accessories for their use. The law also requires manufacturers and importers to submit information about emissions, sponsorship and charitable activities for tobacco products and devices and accessories for their use.

The law requires that the National Public Health Agency ensure that disclosed information is made publicly available on a website, taking into account the need to protect trade secrets.

Location-based sales

Regulated
Gavel
Expand to view related litigation
Analysis

The law requires the sale of tobacco products and devices and accessories for their use, recharging, or heating, which includes tobacco inserts and HTP devices, to be located at least 200 meters from educational and healthcare facilities when the sale is in commercial establishments that are smaller than 20 m^2 (e.g., kiosks).

Sale of heated tobacco products via vending machines

Banned
Gavel
Expand to view related litigation
Analysis

The law prohibits vending machine sales of tobacco products, which, by definition includes tobacco inserts, and devices and accessories for their use, recharging, or heating. Therefore, vending machines sales of both tobacco inserts and devices are prohibited.