The Administrative Court of Cassation as part of the Supreme Court ruled that the provision of hookah preparation services in restaurants is a form of promoting the sale of tobacco products, which is prohibited in Ukraine. This is stated in messages of the Supreme Court.
We would like to remind you that the ban on smoking hookahs, electronic cigarettes and other tobacco products in public places, in particular in restaurants, entered into force on July 11, 2022. This law also prohibits the advertising, promotion and sponsorship of tobacco products.
In the case considered by the court, the company challenged the decision of the State Service for Food Safety and Consumer Protection to impose a fine for the provision of hookah preparation services in a restaurant. The plaintiff claimed that he did not sell or promote tobacco products, but only provided hookah services, which he said were not intended to promote tobacco products.
Courts of the first and appellate instances sided with the company, noting that the legislation of Ukraine does not establish a complete ban on hookah preparation services, and the inspection reports did not prove that such services are a form of promoting the sale of tobacco products.
However, the Cassation Administrative Court recognized these decisions as erroneous, annulled them and passed a new decision rejecting the claim. The court noted that the law prohibits not only the process of smoking, but also any form of consumption of tobacco products in restaurants, including the use of hookah tobacco. Thus, hookah tobacco is subject to the same prohibition as regular tobacco.
