TOBACCO CONTROL LAWS

Endorphine v. State Service Food Safety and Consumer Protection

In July 2023, Endorphine LLC filed a lawsuit against the State Service of Ukraine on Food Safety and Consumer Protection in Kyiv, challenging their decision to fine Endorphine the equivalent of 180,000 hryvnias for advertising and promoting the sale of waterpipe tobacco products (hookah) in the restaurant operated by Endorphine. 

Initially, the trial and appellate courts decided in favor of Endorphine and found that providing hookah preparation services cannot be considered a method of promoting the sale of tobacco products and is not a service for the sale of tobacco products for further use. However, Ukraine's Supreme Court reversed these decisions, upholding the State Service's sanction against Endorphine. The Supreme Court affirmed that restaurant facilities must comply with Ukraine's smoke-free environment legislation. It also ruled that including information about tobacco products or related services on a restaurant's menu or posters within the premises falls under the prohibition on advertising and promoting tobacco products, as outlined in Ukraine's Law No. 2899-IV and the Law on Advertising.

 

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Endorphine LLC v. Main Directorate of the State Service on Food Safety and Consumer Protection in Kyiv, Case No. 320/23655/23, Ukraine Supreme Court (2024)

  • Ukraine
  • Dec 26, 2024
  • Supreme Court of Ukraine

Parties

Plaintiff Endorphine LLC

Defendant Main Directorate of the State Service on Food Safety and Consumer Protection in Kyiv

Legislation Cited

Law of Ukraine No. 270/96-BP on Advertising, July 03, 1996 (as amended)

Law No. 3778 on the Introduction of Changes to Some Legislative Acts of Ukraine on the Prohibition of the Advertising, Sponsorship and Promotion of the Sale of Tobacco Products

Law No. 1978-IX on Amendments to Certain Laws of Ukraine on Public Health Protection from Harmful Effects of Tobacco

Law of Ukraine No. 2899-IV on Measures to Prevent and Reduce the Consumption of Tobacco Products and their Harmful Influence on the Population’s Health, September 22, 2005 (as amended)

Law No. 4844-VI on Amendment of Certain Laws of Ukraine on Improving Certain Provisions on Limiting Places for Smoking

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

Decision in Ukrainian

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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