Last updated: July 29, 2022
Ukraine became a Party to the WHO Framework Convention on Tobacco Control on September 4, 2006.
Smoke Free Places
Smoking is prohibited in nearly all public places including: government facilities, restaurants, healthcare facilities, educational institutions, children’s playgrounds, sports facilities, restaurants, cultural facilities, hotels, dormitories, in entrances to residential buildings, in underground passages, and in elevators and public pay phones. However, designated smoking rooms are permitted in airports with exhaust ventilation and posted notices. The total area of the designated smoking rooms may not exceed five percent of the airport’s total area. Smoking is prohibited in public transport.
Tobacco Advertising, Promotion and Sponsorship
Advertising, promotion and sponsorship of tobacco products are prohibited in nearly all forms. However, there are limited exceptions, including product display at point of sale. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Currently, smoked tobacco product packaging must display two health warnings. Fifty percent of the front of the pack must display one main text warning stating “Tobacco kills.” Fifty percent of the back of the package must display one of ten secondary pictorial warnings with accompanying text. Beginning January 11, 2024, combined picture/text warnings must occupy 65 percent of the front and the back of packages. Smokeless tobacco product packages must carry a text warning that occupies 30 percent of the two largest surfaces of the package. The law prohibits the use on product packaging of misleading terms, descriptors, and other symbols that may create a false impression about tobacco products.
Cigarette Contents and Disclosures
Currently, cigarette contents are not regulated. Beginning July 2023, the law will regulate specified contents of cigarettes, including banning ingredients that: give a characteristic flavor or smell, facilitate nicotine uptake, create an impression of health benefits, and ingredients that are associated with energy and vitality. The law requires that manufacturers and importers disclose to government authorities information on the contents of their products.
The law prohibits sales by vending machines; via the internet; in educational institutions, indoor stadiums, and healthcare facilities; and of single cigarettes and small packets of cigarettes. The sale of tobacco products is prohibited to persons under the age of 18. A retail license is required to sell tobacco products.
The sale of e-cigarettes is allowed. The use of e-cigarettes is prohibited in specific public places where smoking is prohibited. In addition, the law prohibits the sale of e-cigarettes by vending machines, in certain locations, and to persons under the age of 18. Health warnings on required to cover 30 percent of the front and back of e-cigarette packaging. Beginning July 11, 2023, there will be a comprehensive ban on advertising, promotion and sponsorship of e-cigarettes, and sale restrictions and contents and disclosure provisions come into effect.
Heated Tobacco Products
The sale of heated tobacco products (HTPs) is allowed. The law prohibits HTP smoking in public transport and virtually in all indoor public places and workplaces, except in designated smoking areas in the airport. The law prohibits nearly all direct and indirect forms of advertising, promotion and sponsorship of tobacco products, which, by definition, includes tobacco inserts, Currently, the law allows the advertising and promotion of devices. Beginning on July 11, 2023, the law will comprehensively prohibit the advertising, promotion and sponsorship of devices. Text-only health warnings are required to cover 30 percent of the front and back of tobacco insert packaging. Health warnings on devices is not required.
Roadmap to Tobacco Control Legislation
Law of Ukraine No. 2899-IV On Measures to Prevent and Reduce the Consumption of Tobacco Products and Their Harmful Influence on the Population’s Health (Law on Tobacco Control) is the primary law governing smoke free places and packaging and labeling. Law of Ukraine No. 1824-17 On the Introduction of Changes to Some Legislative Acts of Ukraine on the Restriction of the Consumption and Sale of Beer and Low Alcoholic Beverages amends the Law on Tobacco Control to require pictorial pack warnings as of September 2012. The same packaging and labeling requirements are mirrored in the Law 481/95 of Ukraine On the State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohols, Alcoholic Beverages and Tobacco Products (Law on Regulation of Alcohol and Tobacco). Pursuant to Law No. 1824-17, the Cabinet of Ministers issued Decree No. 306 which contains the pictorial warnings mandated by that law. Law No. 4844-VI amends several provisions of the Law on Tobacco Control to require that additional places be 100 percent smoke free as of December 2012.
The Law on Advertising regulates advertising and sponsorship of all products, including tobacco products. A few provisions restricting tobacco promotion are contained in the Law on Tobacco Control and the Law on Regulation on Alcohol and Tobacco. Law No. 3778 introduces several amendments to both the Law on Advertising and the Law on Tobacco Control. The amendments entered into force September 2012 and further restrict tobacco advertising, promotion and sponsorship. The Code of Administrative Offenses provides sanction for smokers who violate smoke-free areas. All other sanctions are provided in the relevant governing law.
Law No. 1019-IX on Modification of Certain Legislative Acts of Ukraine Concerning Restriction of Circulation of Excisable Goods, Devices for Consumption of Tobacco Products Without Their Combustion and Strengthening of Control Over Sale of Such Goods amends provisions of Law 481/95 regarding smoke-free places and sales restrictions, and make these restrictions applicable to e-cigarettes and HTPs. Law 1019-1X also amends the Code of Administrative Offenses. Law No. 1978-IX on Amendments to Certain Laws of Ukraine on Public Health Protection from Harmful Effects of Tobacco: 1) amends provisions of Law 481/95 regarding sales restrictions for e-cigarettes and tobacco products, including HTPs; 2) amends provisions of the Law on Advertising to encompass e-cigarettes; and 3) amends Law 2899-IV to a) regulate cigarettes and e-cigarette contents and emissions and disclosures, b) update packaging and labeling requirements for smoked and smokeless tobacco products and e-cigarettes, c) expand smoke free places and prohibit the use of all tobacco products, including HTPs, and e-cigarettes in these places, and d) extend the comprehensive ban on advertising, promotion and sponsorship to e-cigarettes.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.