Kazakhstan: Market and legal data analysis of the vaping sector

12th August 2024: EAEU: The Eurasian Economic Commission (EEC) – the executive body of the Eurasian Economic Union (EAEU) – has told ECigIntelligence that the revised draft of the technical regulation for nicotine-containing products was recently reviewed at a meeting of the working group held on 16th July. At the meeting, it was decided to conduct a metrological expertise and regulatory impact assessments of the regulation. The EEC also said the draft regulation will have to undergo the internal approval process and further consideration at the meetings of the EEC and the EEC Council. The draft would provide the common product, notification and labelling requirements for vaping products and heated tobacco for all EAEU member states. However, considering the recent ban on vaping products in Kazakhstan, we understand the standard rules, if adopted, would not apply in Kazakhstan in relation to vaping products.
8th July 2024: Kazakhstan: Since the ban on the sale, distribution and import of vapes in Kazakhstan came into force on 20th June, various distribution schemes have emerged, including through messengers or under the guise of food box deliveries, media reports. The authorities have already begun to punish people for distributing vapes.
20th June 2024: Kazakhstan: The Law on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Health Issues, which, among other things, bans the sale, distribution and import of e-cigarettes and e-liquids, enters into force today.
21st May 2024: Kazakhstan: A new petition has been created against the ban on vaping products in the country, media reports. The petition has reportedly collected 895 signatures and 67 comments. It is unlikely to be successful, as the Law On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Health Issues – which, among other things, seeks to ban the sale, distribution and import of e-cigarettes and e-liquids – has recently been published, and the ban will enter into force on 20th June 2024.
22nd April 2024: Kazakhstan: The president has signed the Law on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Health Issues, which, among other things, seeks to ban the sale, distribution, and import of e-cigarettes and e-liquids, the president’s website reports. The text of the law has been published, and the ban will enter into force on 20th June 2024.
26th March 2024: Kazakhstan: In the capital city of Astana, local authorities, together with police officers and volunteers, are engaging in proactive discussions with vape shop owners and sellers to emphasise the importance of not selling their products to minors, media reports. In addition, entrepreneurs have been told again that once the recently adopted law prohibiting vaping products enters into force, the sale of these items will be banned; however, it is still unclear when this will be, and the law still needs to be signed by the president.
20th March 2024: Kazakhstan: The Mazhilis (the lower chamber of parliament) has agreed with the senators’ additions to the bill banning the sale, distribution, and import of vapes and has sent it to the president for signature, media reports. The bill seeks to ban and criminalise the sale of vaping products in the country and introduce criminal liability for the sale of banned non-smoking tobacco products (nasvay, snus). Earlier this year, a spokesman from the Ministry of Health said in an interview that the implementation of the vaping ban is mainly due to health and under-age usage. The spokesman also added that while the existing health code includes measures aimed at preventing the consumption of vapes in the country, they do not work.
15th March 2024: Kazakhstan: Senators have returned a bill to the Mazhilis (lower chamber of parliament) that seeks to ban the sale, distribution and import of vaping products, media reports. Reportedly, senators want to add rules banning the advertising of such products as well as make other changes. If the Mazhilis approves the additions and changes, the ban will come into force in the country, and criminal liability will be in place.
13th February 2024: Kazakhstan: The Smoking Market Association has asked the authorities not to ban vaping products but to tighten the current legal framework instead, media reports. In January 2024, the Mazhilis (lower chamber of parliament) adopted the bill prohibiting the import, production, and sale of e-cigarettes; now, the decision is up to the senators. However, vape industry members believe this decision will lead cigarette smokers who have switched to a less harmful alternative to return to smoking.
24th January 2024: Kazakhstan: The Mazhilis (lower chamber of parliament) has adopted a bill prohibiting the import, production, and sale of vapes, media reports. The bill will now be considered in the Senate, and then, if approved, will go to president Kassym-Jomart Tokayev for his signature. It is still unclear when it would take effect.
13th December 2023: Kazakhstan: Several members of the Mazhilis (lower chamber of the Parliament) have proposed an amendment prohibiting tobacco companies in Kazakhstan from engaging in charity, media reports. The restriction would be added to the Health Code. Reportedly, the proposed amendment includes a “scandalous” provision that aims to ban vaping products. The proposal has not yet been publicly circulated.
28th November 2023: Kazakhstan: According to a Ministry of Health representative, the ministry has developed a bill seeking to ban the circulation of e-cigarettes. The bill is being considered in the Mazhilis (lower chamber of parliament), media reports.

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