Law of Ukraine No. 270/96-BP on Advertising, July 03, 1996 (as amended)
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, September 22, 2005 (as amended)
Code of Civil Procedure of Ukraine
Code of Criminal Procedure of Ukraine
Code of Administrative Procedure
Constitution of Ukraine
Law of Ukraine on Administrative Procedure
Law of Ukraine on Basic Principles of State Supervision (Control) in the Sphere of Economic Activity.
Regulations on the Main Directorate of the State Service for the Supervision of Food, Agriculture and Food Safety
Law of Ukraine on the Provision of Documents Necessary for the Exercise of Control Powers
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)
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
Decree of the President of Ukraine dated February 24, 2022 (No. 64) on the Introduction of Martial Law in Ukraine
Ministry of Health of Ukraine dated 03.05.2024 No. 26-04/18697/2-24 on the legislative regulation (advertising and promotion of tobacco products)
An individual who operated a retail store challenged four decisions from the Department of the State Service on Food Safety and Consumer Protection in the Ternopil region, each of which fined him UAH 1,700. The fines were imposed for advertising of VELO nicotine pouches on the store’s exterior and for failing to provide requested information about the advertising to the State Service on the Supervision of Food and Consumer Protection.
The shop owner argued that VELO nicotine pouches are not tobacco products because they contain no tobacco, so the statutory ban on tobacco advertising did not apply.
The Ternopil District Administrative Court dismissed the claim and upheld the fines. The court, relying in part on a clarification from the Ministry of Health, held that nicotine pouches are tobacco products under Ukrainian law as they are “tobacco substitutes”, which are therefore subject to the advertising prohibition.