“In light of the above, the trial and appellate courts reached an erroneous conclusion that the provision of hookah preparation services at the restaurant establishment “Endorphine” did not fall under the complete prohibition established by Article 13, part 2 of Law No. 2899-IV, as amended effective July 11, 2022. This effectively legalized smoking, consuming, and using tobacco products at such facilities, and the courts had no grounds to invalidate and declare null and void the resolution No. 21/4833 of the SSUFSCP Central Directorate in Kyiv dated July 21, 2023, which imposed financial sanctions on “Endorphine” LLC in the total amount of 120,000 UAH for committing violations, the liability for which is established in Article 20, part 2, paragraph 9 of Law No. 2899-IV. The legal position of the Supreme Court, formulated in the ruling dated January 19, 2023 regarding the case No. 420/2004/22, concerned the application of the norms of the previous edition of Article 13 of Law No. 2899-IV, when the prohibition was limited to smoking tobacco products and did not take into account “consumption” or “use” of alternative products, such as non-tobacco hookahs, that is, when the prohibition of hookahs at restaurant facilities was not absolute (until July 11, 2022). Therefore, such conclusions of the Supreme Court should not be taken into account when considering this case due to the change in legal regulation after the relevant provisions of Law No. 2899-IV as amended by Law No. 1978-IX became effective. In light of the changes in legislation effective July 11, 2022, hookahs are subject to an absolute prohibition at restaurant facilities, regardless of their composition; The provision of services by restaurant facilities that are prohibited by Article 13 of Law No. 2899-IV, specifically the preparation of hookahs, constitutes the promotion of tobacco product sales within the meaning of Article 16 of Law No. 2899-IV, even if there is no direct advertisement of the product.”