Last updated: July 25, 2023
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to restrictions including location-based sales restrictions, restrictions on vending machine sales and a minimum sales age.
Use in indoor public places, workplaces, and public transport
The law prohibits the consumption and use of e-cigarettes in all places where smoking is banned. As such, e-cigarette use is prohibited in public transport and virtually all indoor public places and workplaces, but e-cigarette use is allowed in designated smoking areas in the airport. The total area of the designated smoking rooms may not exceed five percent of the airport’s total area and they must be equipped with exhaust ventilation and have required signage posted.
Advertising and promotion (excluding point of sale product display)
The law applies the same prohibitions on tobacco product advertising and promotion to e-cigarettes. The law prohibits virtually all direct and indirect forms of advertising and promotion of tobacco products. Note, however, it is uncertain whether advertising and promotion via international radio and television and international newspaper and magazines, and retailer incentive programs are banned.
The law prohibits the sponsorship of e-cigarettes.
Point of sale product display
The sale of e-cigarettes is prohibited from "self-service shelves," meaning that products must be kept out of reach of consumers. However, because the display is not prohibited, the regulatory status code "Some Restrictions" is given.
Sale of e-cigarettes via the internet
The law does not address the sale of e-cigarettes via the internet; therefore, internet sales of e-cigarettes are allowed.
Flavors (other than tobacco flavor)
The law prohibits e-cigarettes, refill containers, and liquids used in e-cigarettes with a characteristic flavor and/or taste.
The law prohibits the following additives in e-cigarettes: 1) vitamins or other additives that give the impression that a product has health benefits or reduces health risks or poses a lower health risk; 2) caffeine, taurine or other additives and stimulants associated with energy and vitality; and 3) additives that have the ability to make emissions colored.
Health warnings on product packaging
The packaging of e-cigarettes, refill containers and liquids used in e-cigarettes must display one of the following medical warnings: 1) “This product contains nicotine - a highly addictive substance. Not recommended for non-smokers", or 2) “This product contains nicotine - a highly addictive substance”. The warning must occupy 30% of each of the two largest sides of the packaging.
Other product packaging and labeling requirements
The packaging of e-cigarettes, refill containers and liquids used in e-cigarettes must include a list of ingredients and indicate the nicotine content of the product and dose for a single use. Packaging may not contain elements (texts, symbols, names, trademarks, images, etc.) that, among other things: 1) create a false impression of its characteristics, health effects, risks or emissions; 2) create an impression that the product is less harmful than others or reduces the effects of some harmful components of aerosol (vapor) or provides benefits related to vitality, energy, health, rejuvenation, has natural or organic properties, other health or lifestyle benefits; or 3) states a characteristic taste and smell, any flavor or other additives or their absence.
Maximum nicotine concentration
The maximum allowable nicotine concentration allowable in liquids used in electronic cigarettes is 20 milligrams per 1 milliliter.
The law provides that refill containers must not exceed 10 milliliters. Liquids in disposable e-cigarettes or disposable cartridges must not exceed 2 milliliters.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufacturers and importers of e-cigarettes to submit a notification for any product they plan to put on the market in Ukraine six months prior to introduction on the market. The notification must include, among other things: disclosure of ingredients contained in the product, emissions resulting from use of the product, information on nicotine dose and absorption, and a description of the components of the product.
Sale of e-cigarettes via vending machines
The law prohibits the sale of e-cigarettes from vending machines.
The law prohibits the sale of e-cigarettes in the following locations: educational institutions; healthcare institutions; enclosed sports buildings; specialized trade organizations engaged in the trade of children's products or sporting goods; the relevant departments (sections) of global trade organizations; in places of sports competitions with the participation of children; from vending machines; and on self-service shelves. The law also prohibits the direct sale of e-cigarettes and the sale of e-cigarettes in stalls (kiosks).
Sale of imitation e-cigarettes
The law prohibits the sale of "children's products that mimic ... electronic cigarettes."