Complete ban on vapes in Russia postponed: details of restrictions revealed

A draft law has been submitted to the State Duma that prohibits the addition of flavorings and other additives that increase nicotine addiction to vape liquids. The rules for the sale of any electronic “devices for the consumption of nicotine-containing products” and their components will be equated with the rules for the sale of conventional cigarettes. This is necessary “in order to protect the life and health of minors,” say the authors, deputies from all factions, led by speaker Vyacheslav Volodin. They intend to take the initiative as a whole on April 11, that is, literally “from the wheels”.

Recall: back in 2020, the action of the law known to all smokers “On the protection of public health from the effects of ambient smoke and the consequences of tobacco consumption” was extended to “nicotine-containing products”: this is the name given to any products containing nicotine and its derivatives, that is, everything that can be sucked , inhale, chew or sniff using vapes or electronic cigarettes, including.

The sale of such products to minors was strictly prohibited. Then the deputies from time to time proposed to solve the problem with vapes and electronic cigarettes more radically, even to ban their use altogether, but they did not find support from the government as a whole: different departments had different positions on this matter.

On March 23, 2023, during a report on the work of the government to the State Duma, the issue of tightening the fight against vapes was raised by speaker Vyacheslav Volodin. “A bad habit, everyone walks around with these devices, no one can answer how harmful they are,” he said, suggesting that Prime Minister Mikhail Mishustin support the ban. From the words of the speaker, it followed that the Ministry of Health was “for”, and the Ministry of Finance was against, because “it counts money”. “We will consider, we will form a position,” Mr. Mishustin answered briefly at the time.

On April 5, at a meeting of the State Duma, Mr. Volodin again returned to the topic of “a complete ban on vaping for minors”: a corresponding bill is being prepared, he said, and set a goal: on April 11, to adopt a document that had not yet been written at that time immediately in the first reading and as a whole. “Then we will initiate amendments to the tax legislation on a multiple increase in excise taxes on vapes. Since today vapes are allowed in Belarus and Kazakhstan, and we are members of the EAEU, it is clear that we need to find a solution that allows us, being in the legal field, to make vapes a product that will cost very much, ”the speaker added.

The date of April 11 was not chosen by chance: on this day, at the plenary session of the State Duma, in the first reading, the package of bills submitted earlier by the government on regulating the production and circulation of tobacco and nicotine-containing products, and toughening responsibility for violating established requirements and rules will be adopted. The goal is to reduce the volume of illegal production and sales in this area, thereby replenishing the budget.

During the discussion of the package in the Duma committees, vapes were also discussed. In particular, the Committee for the Development of Civil Society called for a strict ban on them. In the conclusion of the Committee on Education, it was proposed to prohibit children from bringing “tobacco products, nicotine-containing products, electronic nicotine delivery systems and devices for heating tobacco” into the territory and premises of schools, and also to prohibit the use of flavors in vape liquids and “to create a monotonous and faceless design of the external shells of the electronic nicotine delivery systems and tobacco heating devices themselves, to reduce their appeal and “fancy” to children and young people.” The Health Protection Committee also supports a ban on the use of flavors, and believes that government regulation of the market for devices for the consumption of tobacco and nicotine-containing products is necessary. And the Committee on Economic Policy wants to work on the issue of introducing a minimum price for liquids for electronic nicotine delivery systems …

Let’s make a reservation right away: there is no complete ban on vapes and electronic cigarettes in the parliamentary bill now submitted to the State Duma. But some of the comments made by the committees found their reflection in the document.

The explanatory note cites data from a study of the e-cigarette market in Russia, conducted by the consulting agency NeoAnalytics: it follows from them that this market is growing by 20-30% annually, and the volume of sales of liquids for vapes and electronic cigarettes is about 40 billion rubles a year. The invention of electronic cigarettes was presented to society as a less harmful nicotine delivery system compared to traditional cigarettes, manufacturers advertise it precisely as safe and tasty, and “accustom children to nicotine.”

A “growing body of research” suggests that the health risks of “vape” smoking are comparable to those of traditional cigarettes, the paper goes on to say. And further: “Studies have shown that the consumption of electronic cigarettes (vaping) affects the protective barriers of the lungs, provoking fibrosis, the development of chronic bronchitis, increases the risk of myocardial infarction, stroke, cancer, adversely affects the human reproductive system, nicotine addiction is formed. In this regard, it is extremely important to prevent the use of electronic cigarettes by minors.” The organizations that conducted these studies, unfortunately, were not named.

In favor of “strict state regulation” of the market for electronic nicotine delivery systems, according to the deputies, the data of the Ministry of Internal Affairs on cases of poisoning with nicotine-containing liquid with a fatal outcome also speak: in January 2023, two teenagers died after smoking “vape” in St. Petersburg, “similar facts were recorded in the Altai Territory and the Moscow Region in January and November 2022.”

What is offered?

Firstly, in the same “anti-tobacco” current law, the concept of “device for the consumption of nicotine-containing products” is significantly expanded: any electronic or other devices that are used to produce nicotine-containing or nicotine-free aerosol or vapor will be considered as such. Moreover, even their “components and elements” will be considered such “devices”.

All this will be prohibited from being sold at markets, exhibitions, through distribution and peddling, remotely, that is, via the Internet, at discounts, using vending machines (so that it is impossible to “order and assemble a device from composite components,” the authors explain). The open display of such goods and the demonstration of their use in shopping centers and stores will be prohibited (so that children do not see, the explanatory note says).

As for nicotine-containing products, a minimum price will be set for it (by the manufacturer itself, but according to the rules developed by the government). All sorts of flavorings, dyes and additives that enhance nicotine addiction will be banned from being added to vape liquids. With a caveat: if the use of additives does not lead to an increase in the effect of dependence, does not have a toxic effect and is not a carcinogen, they can be added. The list of those dyes and additives that increase nicotine addiction and therefore are strictly prohibited, will then be approved by the government.

Changes are planned to be made to some other existing laws. In particular, in the law “On Advertising” the deputies want to prescribe, along with the current ban on the demonstration of smoking tobacco or nicotine-containing products, a ban on the demonstration of nicotine-containing products using electronic devices.

And in the law “On the Protection of Children from Information Harmful to Their Health and Development,” they consider it necessary to equate the image and description of the use of such devices in the broad sense of the word with the image and description of how people drink alcohol and smoke in general. That is, children under 12 years of age will not be able to see, hear and read this, but those who are “12+” can – but on the condition that at the same time a “negative, condemning attitude” is expressed in such products and products and the danger of them is indicated. consumption or use.

The government’s opinion on this parliamentary initiative is still unknown.