Ministry of Health issues comprehensive regulation on tobacco products, bans sales to those under 21

In a decisive move aimed at safeguarding public health and protecting future generations from the health, social, and economic consequences, Minister of Health Dr. Ahmed Al-Awadi issued Ministerial Decision No. 237 of 2026, establishing a comprehensive and stringent regulatory framework for the import, manufacture, distribution, and sale of tobacco and nicotine products, as well as nicotine delivery systems, in the State of Kuwait.

The Decision, which enters into force on January 1, 2027, is grounded in national legislation and relevant international agreements, foremost among them the World Health Organization Framework Convention on Tobacco Control and its recommendations. It aims to curb the easy accessibility of these products, whether traditional or novel, such as electronic cigarettes and heated tobacco products.

The Decision defines its scope of application through clear definitions. It covers nicotine (natural or synthetic), tobacco products (prepared for smoking, chewing, sucking, inhaling, or heating), nicotine products (whether containing tobacco or not, excluding licensed medicines), and nicotine delivery systems such as electronic cigarettes and their accessories, as well as "novel" products that have not previously been licensed. Furthermore, the Decision expands the concept of "sale" to include transport, delivery, distribution, gifts, and free samples.

The Decision unequivocally prohibits the import, manufacture, sale, or promotion of nicotine pouches and unregistered oral products, unidentified products, and those exceeding the permitted maximum nicotine limits.

It also closes the door to attempts targeting minors by banning products whose design or packaging features elements appealing to children, such as cartoon illustrations or packaging resembling sweets and beverages. Additionally, it prohibits the use of misleading descriptions implying reduced harm, such as "light" or "less harmful."

The Decision obligates importers and manufacturers not to distribute any product unless it has been registered and approved by the competent authorities within the Ministry of Health, with full and transparent disclosure of its ingredients, nicotine concentration, country of origin, and production and expiration dates. It also bans any medical or therapeutic claims suggesting that these products are safe or aid in smoking cessation without explicit approval from the Ministry.

In a progressive step to protect youth, the Decision raised the legal age for purchasing these products, prohibiting their sale or delivery to anyone under the age of 21. Sellers are required to verify age using civil ID cards and display clear informational signs at points of sale.

The Decision also dealt a blow to the unregulated tobacco market by strictly prohibiting the sale or display of tobacco and nicotine products via websites, social media platforms, and delivery services.

It reduced the physical presence of these products by banning their sale in educational institutions at all levels, health facilities, government entities, sports clubs, youth centers, and cinemas. The ban also extends to grocery stores, mobile carts, temporary kiosks, and self-service machines.

Furthermore, the Decision imposes a complete ban on direct and indirect advertising or promotion across all media outlets, social media platforms, and influencers. It prohibits sponsorships, offers, and discounts, while imposing strict regulations on media scenes depicting smoking, requiring them to be accompanied by simultaneous health awareness messages.

Finally, the Decision settled the debate surrounding electronic cigarettes and heated tobacco devices by affirming that they are treated the same as traditional smoking, thereby prohibiting their use in all public and enclosed places where smoking is banned under state laws.

The decision assigned to the Ministry of Health, in cooperation with the General Authority for the Environment, the Environmental Police, and the General Customs Administration, the responsibility for inspection and enforcement of violations, granting them broad powers that include preventing the entry of non-compliant products, withdrawing them from the market, removing advertisements, and blocking non-compliant digital content. It stressed that anyone violating these provisions would be subject to the penalties prescribed by law. The decision concluded with a provision for its publication in the Official Gazette, to enter into force officially and for its provisions to take effect starting from January 1, 2027, while repealing any provision that conflicts with its content.