Wednesday05 February 2025
smiua.net

The Supreme Court of Ukraine has banned hookahs in dining establishments.

The court believes that preparing hookahs in dining establishments promotes the sale of tobacco products.
Верховный суд Украины запретил использование кальянов в ресторанах и кафе.

The Supreme Court of Ukraine has banned hookahs in public catering establishments, regardless of their composition. Thus, "the judiciary has upheld citizens' right to health," noted the Center for Civil Advocacy "Life."

The Center refers to the court's decision in the case of LLC "Endorphin." This LLC had approached the court back in 2023 with a lawsuit against the capital's State Consumer Service. The entrepreneurs claimed that they "did not engage in actions aimed at stimulating the sale of tobacco products" and "did not sell tobacco, but provided services for using hookahs."

However, the Supreme Court confirmed that "smoking, consumption, and use of any tobacco products, including hookahs, is prohibited in restaurant establishments," and that "the service of preparing hookahs is considered stimulating sales," the Center stated.

"The Supreme Court's decision aligns with the WHO Framework Convention on Tobacco Control, the guiding principles of the WHO FCTC, and Directive No. 2014/40/EU," the Center added.

The WHO FCTC is the World Health Organization's framework convention on tobacco control. The convention was developed in 2003; the document outlines a "strategy to combat the global epidemic of tobacco smoking." The convention has been signed by 176 out of 193 WHO member states, including Ukraine.

The mentioned directive provides for a ban on flavored cigarettes and cigarettes with additives, as well as the use of more prominent health warnings from the EU library on cigarette packs (displaying illustrations of smoking-related diseases on both sides of the pack).

We remind you that Ukraine has decided to increase the excise tax on tobacco products to the level of the European Union and to set its rates in euros. This will lead to a significant increase in cigarette prices—the minimum price of a pack will exceed 170 hryvnias by 2028.