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In July 2023, Endorphine LLC filed a lawsuit against the State Service of Ukraine on Food Safety and Consumer Protection in Kyiv, challenging their decision to fine Endorphine the equivalent of 180,000 hryvnias for advertising and promoting the sale of waterpipe tobacco products (hookah) in the restaurant operated by Endorphine.
Initially, the trial and appellate courts decided in favor of Endorphine and found that providing hookah preparation services cannot be considered a method of promoting the sale of tobacco products and is not a service for the sale of tobacco products for further use. However, Ukraine's Supreme Court reversed these decisions, upholding the State Service's sanction against Endorphine. The Supreme Court affirmed that restaurant facilities must comply with Ukraine's smoke-free environment legislation. It also ruled that including information about tobacco products or related services on a restaurant's menu or posters within the premises falls under the prohibition on advertising and promoting tobacco products, as outlined in Ukraine's Law No. 2899-IV and the Law on Advertising.