Are electronic cigarettes banned in Uzbekistan?

Uzbekistan plans to ban the import and sale of electronic cigarettes and tobacco heating systems, and introduce liability for violating these restrictions. The Ministry of Health notes an increase in the use of electronic cigarettes, especially among young people, including schoolchildren.

The Ministry of Health of Uzbekistan has published for public discussion a draft law that provides for a ban on the circulation of a number of tobacco and nicotine products, electronic cigarettes and tobacco heating systems, as well as the introduction of liability in this area.

Currently, under Article 37 of the Law "On Restricting the Distribution and Use of Alcohol and Tobacco Products", it is prohibited to import into Uzbekistan (including through international postal and courier shipments) and sell smokeless tobacco products in the country, including nicotine-containing smokeless products, nicotine and nicotine-free liquids, devices for consuming tobacco and nicotine with nicotine and nicotine-free liquids, as well as electronic cigarettes that contain substances aimed at increasing the attractiveness of such products, or additives that increase nicotine addiction.

The draft law proposes to divide tobacco products into types based on their composition, and not by the type of smoking (smoking and non-smoking). This approach is expected to prevent different interpretations of this rule in legal practice.

The document proposes to prohibit the import, export and transit through the territory of Uzbekistan, production, manufacture, acquisition, storage, transportation or transfer, as well as sale of:

products containing tobacco leaves and (or) other parts of the tobacco plant as raw materials (heating tobacco products, tobacco snus, snuff, chewing tobacco);

products that contain nicotine or its derivatives, including nicotine salts, solutions, nicotine liquids or gels containing nicotine, but without tobacco leaf and (or) other parts of the tobacco plant (nicotine-free liquids for electronic nicotine delivery systems, electronic cigarettes with nicotine-free liquid, nicotine-free mixtures for hookah);

products that do not contain tobacco and nicotine, but are intended for use with devices for the consumption of tobacco and nicotine (nicotine-free liquids for electronic nicotine delivery systems, electronic cigarettes with nicotine-free liquid, nicotine-free mixtures for hookah).

devices for the consumption of tobacco and nicotine, with the exception of hookahs (non-electronic), pipes, mouthpieces, as well as their components and elements).

Asilbek Xudayarov

It is also proposed to prohibit individuals from importing the specified tobacco products and devices for consuming tobacco and nicotine for their own needs, without the intention of using them for business purposes, and legal entities - as exhibition samples and samples for testing.

Currently, according to the law, the nicotine content in the aerosol (vapor, smoke) of one cigarette (with or without a filter) or a product with heated tobacco must not exceed 1 milligram. The amendments propose to consider the nicotine content in the cigarettes themselves without taking into account the aerosol and products with heated tobacco.

Article 186-2 (production, manufacture, acquisition, storage, transportation or transfer, sale, import of tobacco products prohibited for circulation, devices for consuming tobacco and nicotine, as well as electronic cigarettes and hookah) may appear in the Code of Administrative Responsibility, which provides for a fine of 50 to 100 basic calculation units (17-34 million soums) for this violation. In the case of voluntary surrender of objects of the offense, it is proposed to exempt from liability.

It is planned to supplement the Criminal Code with Article 186-4 with the same name. Part 1 of this article provides for a penalty in the form of a fine of 200 to 400 basic calculation units (from 68 million to 136 million soums), correctional labor for up to 3 years, restriction of freedom from 3 to 5 years, or imprisonment for up to 5 years after the application of administrative punishment for this offense.

If these actions are committed on a large scale, by prior agreement by a group of persons, repeatedly or by a dangerous recidivist, by abuse of office, then this will be punishable by a fine of 400 to 600 BRV or imprisonment from 5 to 7 years.

If the actions are committed on an especially large scale, by an organized group or in its interests, the punishment will be imprisonment from 7 to 12 years.

Patronage through abuse of power or official authority in this crime will, according to the draft, be punishable by imprisonment from 7 to 12 years.

Bobur Bekmurodov

Justification

The explanatory note to the draft law states that it was developed based on the instructions of the Presidential Administration dated January 30 and the Prime Minister dated February 1 "in order to protect the population of our country, especially children and adolescents."

"Over the past seven years, "modern" or "innovative" types of nicotine and tobacco products have penetrated into our country, in particular, electronic nicotine delivery systems, liquids, gels for them, including electronic cigarettes, tobacco heating systems, heating tobacco products, which has increased their use among the population and young people, especially children," the draft says.

In 2021-2023, 5.4 million electronic cigarettes worth $28.5 million were imported to Uzbekistan, which is 80 times more than in previous years (in 2018, 182 thousand electronic cigarettes worth $349 thousand were imported).

During this period, law enforcement agencies prevented the smuggling of 105.3 thousand units of such products worth 11.8 billion soums.

At present, the country has created a system of legal restrictions to regulate the circulation of electronic cigarettes:

40 restrictions on sales, 14 on use and 7 on production have been introduced;

an excise tax has been introduced on nicotine liquids for imported electronic cigarettes and tobacco sticks for tobacco heating systems.

According to the analysis provided by the Ministry of Health, teenagers and young people are three times more likely to use electronic cigarettes than adults. Interest in electronic cigarettes is rapidly growing among high school students; in particular, 26.6 thousand boys and 8.6 thousand girls are inclined to smoke, the explanatory note says.

It is noted that the number of electronic cigarettes confiscated from schoolchildren during raids in schools and public places is increasing every year: 6 cases in 2019, 27 in 2020, 31 in 2021, 856 in 2022, 1040 in 2023.

Among the population aged 18-29, the level of use of the tobacco heating system (252 thousand people) is more than 2.5 times higher than among the population aged 30-69 (94.2 thousand people).

If the necessary measures are not taken, every fifth (20%) young person will suffer from nicotine addiction in the future, the Ministry of Health warns.

"These negative trends are the main goal of the tobacco industry's marketing strategy and threaten to instill a "subculture" that is popularized abroad through false advertising of electronic cigarettes and tobacco heating systems as "safe, less harmful, enjoyable, helping to quit smoking traditional cigarettes" among the population, especially our youth," the note says.

Behzod To‘xtamurodov

In recent years, tobacco companies have increased their budget for online advertising by 12-15 times, spending $2 million per year in the United States and Canada, the document notes.

For this reason, the Ministry of Health proposed to ban the circulation of electronic cigarettes and tobacco heating systems in Uzbekistan, as well as to establish liability for violating this ban.

International experience

Different countries have different legal approaches to regulating the circulation of electronic cigarettes.

The document notes that the sale of electronic cigarettes is prohibited by law in Brazil. In South Korea, the sale of electronic cigarettes is permitted by law, and restrictions on tobacco products also apply to electronic cigarettes. In the UK, e-cigarettes are classified as consumer goods. E-cigarettes are recommended for regular smokers to quit smoking.

As a result, the proportion of adults (18 years and over) who smoke e-cigarettes daily is 0.4% in Brazil, 2.8% in South Korea and 9.4% in the UK.

Strict regulation of e-cigarettes is more effective than more lenient regulation, according to the authors of the bill.

In December 2023, the World Health Organization called on countries to take "urgent action" to control the spread of e-cigarettes, including banning flavored vapes.

The circulation of e-cigarettes is regulated in 119 countries, in 35 of which their circulation is prohibited, including Argentina, Brazil, North Korea, India, Iran, Iraq, Norway, Singapore, Turkey, Turkmenistan. Kazakhstan is also considering a bill to ban the circulation of e-cigarettes.

Due to additional environmental threats, European countries such as France, Belgium, the UK, Ireland and Germany are considering banning e-cigarettes. In Germany, the public is calling on the government to ban these products throughout the European Union, the explanatory note says.

Heated tobacco products are regulated in 175 countries, and banned in 19, including Australia, Brazil, North Korea, India, Iran, Mexico, Singapore, Turkey and Qatar.