Ministry of Health issues a Resolution prohibiting electronic cigarettes
Ministry of Health issues Resolution No. 414 prohibiting the manufacturing, storing, distribution, circulation, commercialization, import, export, use, advertising, and promotion of electric cigarettes
On June 28, 2023, the Ministry of Health issued Resolution No. 414 (published in Official Gazette No. 42.682 of August 1st, 2023) prohibiting the manufacturing, distribution, circulation, commercialization, import, export, use, advertising, and promotion of Electric Nicotine Administrating Systems (ENAS), Similar Non-Nicotine Electronic Systems (SNNES), consumables, deposits or cartridges, boxes of consumables and other accessories, Conventional Heated Tobacco (Conventional PTC and Herbal PTC) and similar analogous products.
Purpose. The Resolution’s prohibits the production, storing, distribution, circulation, commercialization, import, export, use, advertising and promotion of electric cigarettes mentioned therein (article 1).
Application. The Resolution applies to every individual and legal entity that execute any of the activities mentioned above.
Public announcement. All State institutions, owners, employees and administrators of businesses open to the public, private and public áreas, must permanently display an announcement stating this prohibition (article 5).
Awareness plans and programs. The competent authorities must design and implement plans, programs, projects and campaigns aimed at raising awareness, promoting information and prevention on the use of electric cigarettes (article 8)
Likewise, educational institutions and media organizations must implement programs on the dangers and negative effects of using electric cigarettes being prohibited in the Resolution (article 9).
General prohibition. The Resolution prohibits the production, storing, distribution, circulation, commercialization, import, export, use, advertising and promotion, consumption at any scale, of the products described in the Resolution, even at a distance through phones, or other digital and electronic means. Similarly, the free distribution of any of these products is also prohibited (article 10).
The Ministry of Health is tasked with establishing the penalties and sanctions applicable to those who breach the dispositions laid out in the Resolution (art. 11).
Entry into force. The Resolution entered into force with its publication in the Official Gazette on August 1st, 2023. Resolution No. 362 of May 31st, 2023, published in Official Gazette No. 42.641 of June 1st, 2023, is struck down (article 13).