The Moscow City Duma seeks extrajudicial blocking of sites selling vapes

The capital’s deputies intend to achieve the introduction in legislation of a mechanism for extrajudicial blocking of sites selling vapes. The Moscow City Duma plans to appeal to the federal parliament with such an initiative. In addition, Moscow deputies will ask to introduce “a direct ban on the dissemination of information about distance selling of tobacco and nicotine-containing products.” The Ministry of Health of the Russian Federation supports the capital’s initiatives and at the same time asks to create a list of sweeteners and flavors prohibited for vaping. However, last year the Ministry of Industry and Trade, the Ministry of Finance and the Ministry of Agriculture rejected the idea of ​​such a list.

On Thursday, Moscow City Duma Speaker Alexey Shaposhnikov (ER) presented new proposals from the capital’s parliament to limit the circulation of vapes. Deputies propose to introduce provisions into the Federal Law “On Information” and “On Protecting the Health of Citizens from Exposure to Tobacco Smoke” that would provide for a “direct ban on the dissemination of information about distance selling of tobacco and nicotine-containing products” in the media and the Internet. In addition, the Moscow City Duma wants to establish liability in the Code of Administrative Offenses of the Russian Federation for the repeated sale of vapes to minors (fines of up to 70 thousand rubles for citizens and up to 800 thousand rubles for legal entities).

The texts of the drafts were not presented, but in the latter case, apparently, we are talking about changing Art. 14.53 of the Code of Administrative Offenses of the Russian Federation with punishment for non-compliance with prohibitions in the field of tobacco products (currently various fines of up to 600 thousand rubles are provided for its sale to minors).

Finally, Mr. Shaposhnikov proposed introducing a mechanism for extrajudicial blocking of sites with information about the remote sale of vapes. According to the speaker, now the legislation allows them to be blocked only through the courts, and this takes up to three months. And the head of the State Duma Committee on Youth Policy, Artem Metelev (ER), proposed banning the sale of vapes in pavilions, including on “islands” in shopping centers. The Moscow City Duma wants to legitimize all new restrictions by September 1, 2024 and will ask the State Duma about this.

Let us remind you that in April 2023, the State Duma tightened the rules for the circulation of vapes. Then deputies banned advertising of “devices for consuming nicotine-containing products,” as well as their sale to minors (including nicotine-free devices containing flavors or additives). In addition, it is prohibited to sell vapes outside shops and pavilions (including remotely), and even at a distance closer than 100 m from schools. Such goods cannot be openly displayed on shelves and sold without packaging; marketing campaigns on the topic of vaping are also unacceptable.

However, these restrictions are not observed “always and not everywhere,” Mr. Shaposhnikov complained and reported that the Moscow City Duma received 105 complaints about violations.

In addition, deputies conducted a “Vape Control” campaign, during which they discovered 471 “Internet resources with violations of the law,” of which 70% offered to purchase devices remotely, including without age verification.

According to the Ministry of Health of the Russian Federation, over the past ten years the number of citizens who smoke in the country has decreased from 41% to 33%. But the consumption of vapes quadrupled from 2019 to 2023, the capital’s parliament complained. Director of the Department of Medical Care for Children of the Ministry of Health of the Russian Federation, Elena Sheshko, said that the department supports the initiatives of the Moscow City Duma “to the fullest.” According to her estimates, among Russian youth up to 14% use electronic nicotine delivery systems. Ms. Sheshko assured that they are no less harmful than cigarettes – for example, in terms of the risk of developing bronchial asthma and mortality from cardiovascular diseases. The Ministry of Health expert also referred to data from the US Centers for Disease Control and Prevention (CDC) – in 2020, they recorded 2.8 thousand cases of hospitalization with lung damage after using electronic nicotine delivery systems.

Doctors are also seriously concerned about the use of flavorings in vapes, “especially sweet ones.” “They create a feeling of mythical health security. But these additives are toxic and can lead to severe pulmonary fibrosis,” explained Ms. Sheshko. Therefore, the Ministry of Health of the Russian Federation plans to achieve the creation of a list of sweeteners and flavorings prohibited for use in vapes. However, similar attempts have already been made. In November 2023, the list of substances prohibited for nicotine-containing products was discussed in the government: if approved, it was supposed to come into force in March 2024. But this idea was not supported by the Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Agriculture and Rosalkogoltabakcontrol.

Alexander Voronov