Further development of Russian legislation on alternative smoking products

On 28 April 2023, a new law was adopted on additional restrictions on devices for the consumption of nicotine-containing products (the “Law” and “Devices”, respectively). The Law introduces special new aspects on the retail, advertising and manufacturing of Devices as well as further restrictions on turnover of nicotine-containing products.

The Law envisages the following key amendments:

• Ban on the retail sale of Devices and their components at fairs and exhibitions, remotely and through vending machines or delivery

• Ban on the release and circulation of nicotine-containing products with flavourings and additives enhancing nicotine addiction in order to reduce the attractiveness of these products for minors. The Russian government should determine the list of such flavourings/additives to be in force starting from 1 September 2023

• Ban on the open display and demonstration of Devices in stores and any kind of discount on them, including coupons

• Non-nicotine liquids are subject to the vast majority of restrictions and requirements applicable to nicotine-containing products

• The Law sets forth minimum prices for nicotine-containing products, which should be applied starting from 1 September 2023

• The Law also restricts advertising with images, descriptions or occasional references to the Devices and prohibits showing them to children under 12 years old

Several years ago, the Russian government banned the advertising and sale of nicotine-containing products via the Internet and introduced requirements for the maximum nicotine content in vaporizer liquids and a number of other restrictions and requirements. However, these regulatory changes did not extend to such Devices. Now similar restrictions have been imposed on such Devices, thus the Law continues the trend of restricting the consumption of tobacco and alternative products. Stronger enforcement of the Law should be expected as well.

Considering all this, we believe it would be advisable for all manufacturers, importers, distributers and advertisers to ensure compliance with the new requirements and closely monitor the further development of nicotine-related regulations and practice.