How the EU regulates e-cigarette advertising and what Ukraine can do
Every third Thursday of November, many countries mark the World No Tobacco Day. This day serves as a reminder that smoking is one of the leading causes of premature mortality. Meanwhile, tobacco manufacturers continue to run advertising campaigns targeting primarily young people.
One example is the aggressive marketing of "sticks" (tobacco products for electronic heating or THPs). Alongside cigarettes, these products are designed to cause nicotine addiction, attract new users and retain existing ones. In Ukrainian legislation, devices for heating "sticks" enjoy advertising privileges, unacceptable since such advertising effectively promotes tobacco consumption.
Advertisement: Read more to understand the situation with such advertising in the EU in the column by Yulia Manuylova, consultant of the NGO Life - The EU restricts, Ukraine grants privileges: What must change in tobacco advertising. Are heated tobacco products covered by EU tobacco advertising bans?
The author cites a complaint by the tobacco company Altadis S.A. (a subsidiary of Imperial Brands) against Philip Morris Spain. Altadis argued that Philip Morris violated the law by conducting a promotional campaign for the IQOS device and related HEETS sticks. The campaign included detailed information about the product's features (differences from conventional cigarettes and technology) and purchase options (availability and pricing for IQOS devices and HEETS).
The court ruled that this violated Spanish national laws and EU advertising directives. "The court emphasised that while the IQOS device is not a tobacco product, it has no purpose other than use with tobacco products. So promoting the device is equivalent to promoting tobacco consumption," Manuylova writes.
She also references a case involving Philip Morris France and Philip Morris Products, in which the court determined that IQOS falls under tobacco product regulations and cannot, under any circumstances, be advertised. "EU court practice clearly demonstrates that devices for heating tobacco, while not formally tobacco products, are intended solely for use with tobacco. So promoting such devices equates to promoting tobacco consumption," emphasises the legal consultant.
The World Health Organization (WHO) unequivocally states that using heated tobacco products (HTPs) poses serious health risks, especially for young people, and requires legislative regulation on par with tobacco products. The author notes that to address this issue, Ukraine's parliament registered Bill No.
12091 on 4 October 2024. This bill incorporates updates from the EU's Directive 2014/40/EU and enhances implementation of the WHO Framework Convention on Tobacco Control.
One of the key bill provisions is the elimination of advertising privileges for brands of non-combustible tobacco products.
By adopting such measures, Ukraine could align with EU practices and strengthen its efforts to protect public health from the harmful effects of tobacco and nicotine addiction.
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