Health Ministry: Ban on selling or supplying tobacco and nicotine products to individuals under 21

Abdulkarim Al-Abdullah: Minister of Health Dr. Ahmed Al-Awadi issued Ministerial Decision No. 237 of 2026 concerning the regulation of the trade of tobacco and nicotine products and nicotine delivery systems in the State of Kuwait, establishing a comprehensive regulatory framework for the import, manufacturing, packaging, distribution, sale, display, promotion, use, and monitoring of these products, including traditional and novel products, electronic cigarettes, heated tobacco products, and other nicotine delivery systems.

The decision comes within the framework of strengthening public health protection and safeguarding generations from the health, economic, and social harms resulting from the consumption of tobacco and nicotine products, as well as curbing their spread and ease of access. It is based on national legislation and relevant international conventions on tobacco control, including the World Health Organization Framework Convention on Tobacco Control, alongside WHO recommendations and the MPOWER policy package guidelines.

The decision, published by Al-Anbaa, specifies a number of definitions that govern the scope of its application. It defines nicotine as the addictive chemical substance found in the tobacco plant and its extracts, whether natural, synthetic, or manufactured. It defines tobacco products as all products manufactured wholly or partly from tobacco and intended for consumption by smoking, chewing, sucking, inhaling, heating, or by any other means.

Nicotine products include all products that contain nicotine or are used to deliver nicotine to the human body, whether they contain tobacco or not, excluding pharmaceutical preparations licensed by the Ministry of Health. Nicotine delivery systems encompass any device, means, or technology designed to consume or deliver nicotine, its vapor, or its aerosol to the human body, including electronic cigarettes, their devices, accessories, cartridges, liquids, heated tobacco devices, and any similar systems or technologies.

The decision also subjects “novel products” to its provisions. These are defined as any new or emerging product containing tobacco or nicotine, or used to consume or deliver them to the human body by any means, which has not previously been approved, registered, or licensed for trade by the Ministry of Health, as well as any product that emerges after the decision enters into force and falls within its scope of application.

The concept of sale, under the decision, extends to any act resulting in the transfer of possession or ownership of the product to another party, including direct sales, online sales, delivery, distribution, free samples, gifts, and promotional offers.

Ban on Specific Products

The decision prohibits the import, manufacturing, packaging, repackaging, distribution, trade, sale, display, storage for the purpose of sale, advertising, or promotion of a number of products. The ban includes nicotine pouches and oral or mucosal nicotine products not registered as medicines, as well as products covered by the decision if they are of unknown origin, do not comply with approved specifications and requirements, or are novel products that have not obtained a license from the Ministry of Health.

The ban also covers products whose design, packaging, brand name, presentation, or marketing is directed at children or young people, or is likely to attract them. This includes the use of cartoons, character images, or toy-like imagery, as well as packaging resembling sweets, beverages, or products intended for children. The ban further extends to products that exceed maximum limits for nicotine, ingredients, or emissions set by the competent authorities.

Registration and Approval as a Prerequisite for Trade

The decision sets out regulations for the trade of non-prohibited products, stipulating that no tobacco, nicotine, or nicotine delivery system products may be imported, traded, sold, or manufactured unless they are registered and approved by the relevant sectors of the Ministry of Health and meet the requirements of the concerned authorities in the country. It mandates full disclosure of the product’s ingredients, nicotine concentration, additives, country of origin, batch number, production date, and expiration date, alongside compliance with prescribed technical specifications and requirements.

The decision also prohibits making any health or therapeutic claims about these products, or claiming that they are safe or help with smoking cessation, unless explicit approval is obtained from the Ministry of Health. Furthermore, it bans the use of descriptors such as “less harmful,” “light,” “ultra-light,” “low tar,” or any similar phrases that could imply reduced harm or health risks, while requiring all products to comply with any additional technical specifications or restrictions issued by the Ministry of Health or the competent authorities.

**Ban on Sales to Persons Under 21**

The decision emphasizes the protection of younger age groups by prohibiting the sale, delivery, or facilitation of access to any tobacco, nicotine, or nicotine delivery system products to any person under the age of 21. Sellers are required to verify the buyer’s age using a civil ID card or any other approved verification method before completing the sale or delivery, with the licensee bearing responsibility for any violation of this obligation. Additionally, every licensed point of sale is required to display a clear and legible sign in both Arabic and English at a prominent location near the point of sale, stating that the sale or supply of these products to persons under 21 is prohibited.

**Ban on Sales in Educational, Health, and Government Institutions**

The decision specifies a wide range of locations where the sale, display, or trade of tobacco, nicotine, or nicotine delivery system products is prohibited. This includes nurseries, kindergartens, schools, institutes, universities, colleges, and all government and private educational institutions, as well as health and medical facilities in both the public and private sectors. The ban extends to government entities, organizations, and institutions, sports clubs, health institutes, youth centers, theaters, cinemas, and facilities designated for children and youth. Sales or displays are also prohibited in grocery stores, mobile carts, temporary kiosks, exhibitions, and entertainment events, as well as through self-service machines.

**Ban on Online Sales and Delivery**

Among the key provisions of the decision is the prohibition of selling, displaying, or trading the products covered by its provisions via websites, electronic applications, or social media platforms, as well as through delivery services. This aligns with the decision’s broader objective of tightening control over the channels through which tobacco and nicotine products are accessed, particularly those that may facilitate access by younger age groups. The trade of products in permitted entities and locations is subject to specific regulations and oversight, and their display for sale is prohibited in any location accessible directly to the public without supervision.

The decision also bans the advertising, promotion, or direct or indirect marketing of tobacco, nicotine, or nicotine delivery system products by any means. This ban covers media outlets, websites, social media platforms, influencers, content creators, billboards of all kinds, as well as exhibitions and events. Additionally, it prohibits the provision of free samples, gifts, discounts, or promotional offers, as well as the sponsorship of sports, cultural, social, or educational activities using these products or associated brands.

Monitoring of Media and Digital Content

The decision mandated relevant authorities to monitor media and advertising content featuring scenes of smoking or the use of tobacco, nicotine, or nicotine delivery systems in media and digital platforms targeting children and adolescents, or those likely to reach them, and to work towards limiting the appearance of such scenes. In cases where technical necessity requires the broadcast of these scenes, the decision stipulated that a public awareness or health warning message must be displayed simultaneously with the scene, highlighting the health hazards associated with the use of these products.

Electronic Cigarettes and Heated Tobacco Products Treated as Smoking in Public Places

The decision stipulated that electronic cigarettes, heated tobacco products, and other products or devices that produce smoke, vapor, mist, or similar emissions upon use, shall be treated as smoking in all public and enclosed places where smoking is prohibited under applicable laws, regulations, and decisions. Consequently, the smoking ban in covered areas is not limited to traditional cigarettes but extends to modern devices and products that produce vapor, mist, or similar emissions.

Monitoring, Inspection, and Withdrawal of Non-Compliant Products

The decision assigned to the Ministry of Health, in coordination with relevant state entities—including the Public Authority for Environment, Environmental Police, General Customs Administration, and other relevant bodies, each within its jurisdiction—the responsibility for monitoring, inspection, and apprehending violations. It granted competent authorities the power to prevent the entry or circulation of non-compliant products, withdraw and remove them, and take blocking or removal measures for non-compliant content or electronic advertisements when necessary.

Penalties in Accordance with Relevant Laws and Regulations

The decision emphasized that anyone violating its provisions shall be subject to penalties and measures prescribed under relevant laws, regulations, and decisions, ensuring the existence of an executive and supervisory mechanism to address violations related to importation, circulation, sale, advertising, promotion, or other provisions contained therein. The final provisions of the decision stipulated that competent authorities shall implement its provisions within their respective jurisdictions, and that it shall be published in the Official Gazette, with its implementation commencing on January 1, 2027, and the repeal of any provision conflicting with its terms.