Law of Ukraine No. 270/96-BP on Advertising, July 03, 1996 (as amended)
Law of Ukraine No. 481/95 on the State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohols, Alcoholic Beverages and Tobacco Products, December 19, 1995 (as amended)
Code of Administrative Procedure of Ukraine
Constitution of Ukraine
Law of Ukraine No. 3553 On Amendments to the Tax Code of Ukraine Regarding the Alignment of Certain Provisions with the Law of Ukraine ‘On the Customs Tariff of Ukraine’ and the Clarification of Certain Provisions
Law of Ukraine on State Regulation of the Production and Circulation of Ethyl, Cognac and Fruit Alcohol, Alcoholic Beverages, Tobacco Products, Liquids Used in Electronic Cigarettes, and Fuel (Law No. 481/95-VR)
Law of Ukraine On State Regulation of the Production and Circulation of Ethyl Alcohol, Alcohol Distillates, Bioethanol, Alcoholic Beverages, Tobacco Products, Tobacco Raw Materials, Liquids Used in Electronic Cigarettes, and Fuel (No. 3817-IX)
Law of Ukraine on Administrative Procedure
Law of Ukraine on Basic Principles of State Supervision (Control) in the Sphere of Economic Activity
Resolution of the Cabinet of Ministers of Ukraine (13.03.2022.) No. 303 On the Termination of State Supervision (Control) Measures and State Market Supervision in Conditions of Martial Law
Regulations on the Main Directorate of the State Service for the Supervision of Food, Agriculture and Food Safety
Decree of the President of Ukraine dated February 24, 2022 (No. 64) on the Introduction of Martial Law in Ukraine
o Procedure for Imposing Fines for Violations of Advertising Legislation
Tax Code of Ukraine
An individual who operated retail kiosks challenged several fines imposed by the Main Directorate of the State Service on Food Safety and Consumer Protection in the Ternopil region. The fines were for outdoor advertising of VELO and ZYN nicotine pouches on the facades of the kiosks and for failing to provide requested information about the advertisements to the State Service. The State Service also ordered the advertising be removed.
The retailer argued that nicotine pouches are not “tobacco products” because they contain no tobacco, so the statutory ban on tobacco advertising did not apply. The retailer also argued that the display was point-of-sale product information rather than advertising.
The Ternopil Regional Administrative Court dismissed the appeal. The court held that nicotine pouches are tobacco products under Ukrainian law as they are "tobacco substitutes". The court reached this conclusion noting that nicotine-containing products are treated as tobacco substitutes across tax and other related national legislation and are therefore subject to the advertising prohibition. The court also held that the kiosk materials were advertising rather than point-of-sale information.