Minimum Three Months Behind Bars and Dh15K Fine for Selling Tobacco to Minors in the UAE

Tobacco consumption poses a significant public health concern worldwide. According to the World Health Organisation (WHO), tobacco claims the lives of over 8 million people annually, with approximately 1.3 million non-smokers succumbing to the effects of second-hand smoke.

In the UAE, health experts underscore the severe health risks posed by second-hand smoke to non-smokers, including children, particularly in confined spaces.

Despite the prevalence of smoking among UAE residents, the emergence of e-cigarettes and vapes has introduced alternative smoking methods, making tobacco-related products more accessible.

In response, UAE legislation has implemented stringent measures to combat smoking, particularly among minors, and to regulate the sale of tobacco-related products.

Smoking is strictly prohibited in enclosed public areas, educational institutions, healthcare facilities, places of worship and certain outdoor areas.

It is also illegal to sell tobacco and vape products to individuals under the age of 18. Violating these laws can lead to fines, penalties, or other legal consequences.

Federal Laws Governing Smoking and Tobacco

Federal Law No. 3 of 2016 (Wadeema's Law)

Federal Law No. 3 of 2016, known as Wadeema's Law, addresses child rights and forbids the sale or attempt to sell tobacco or tobacco products to children. Sellers are required to verify the purchaser's age, ensuring they are at least 18 years old.

Additionally, smoking in public or private transportation and indoor places in the presence of a child is strictly prohibited. Violators face fines starting at Dh5,000.

Federal Law No. 15 of 2009: Additional Prohibitions

Federal Law No. 15 of 2009 outlines several prohibitions and penalties related to smoking, including:

* Selling tobacco products to individuals under 18.

* Smoking in private cars when a child under 12 is present.

* Smoking in houses of worship, educational institutions, and health and sports facilities.

* Selling sweets resembling tobacco products.

* Operating automatic vending equipment and devices for tobacco distribution.

* Tobacco advertising.

Penalties for Selling Tobacco to Minors

Selling or attempting to sell tobacco products to minors incurs severe penalties, including a minimum prison sentence of three months and/or fines not less than Dh15,000. Sellers must verify the purchaser's age to ensure they are at least 18 years old.

This penalty also applies to those selling or attempting to sell alcoholic beverages or any other hazardous materials to minors, prioritising the protection of children's health and well-being.

Vaping Regulations in the UAE

In April 2019, the UAE made a significant policy shift by lifting its ban on the sale of e-cigarettes, vaping devices and e-liquids. This change allowed these products to be legally sold under stringent regulations, aligning them closely with those governing traditional tobacco products.

The primary aim was to offer smokers safer alternatives while bringing the previously unregulated market under strict control.

The Ministry of Industry and Advanced Technology (MoIAT) requires all vape products and e-liquids to meet specific standards. This includes mandatory health warnings on packaging similar to those found on conventional cigarette packs.

Additionally, it is illegal to sell these products to anyone under the age of 18. The UAE Ministry of Health and Prevention (MoHAP) oversees the regulation of the sale, possession, and usage of vape products. Despite the legalisation, strict regulations are enforced to safeguard public health. Both individuals and businesses involved in the vaping industry must stay updated with these regulations.

General Regulations on Smoking and Vaping

Legality and Age Restrictions

Vaping is legal in the UAE, but strict guidelines govern its sale, possession, and usage to ensure compliance with health and safety standards. The legal age for purchasing vape products is 18 years and above, with severe penalties for selling to minors.

Advertising Restrictions

Advertising of vape products is heavily regulated, with promotions through traditional media channels and online platforms largely prohibited to ensure compliance with the law.

Designated Areas for Smoking and Vaping

Vaping is permitted in designated areas such as vape shops, designated smoking areas, and private residences with consent. However, it is strictly prohibited in enclosed public spaces, educational institutions, healthcare facilities, places of worship, and certain outdoor areas.

Travelling with Vape Products

Travellers can legally bring vape products into Dubai, typically in reasonable quantities for personal use, but it is advisable to check the latest regulations and restrictions before travelling to ensure compliance with customs and immigration rules.

Variations in Regulations Across the Emirates
Vaping regulations can differ between emirates; while Dubai has its own set of laws, other emirates like Abu Dhabi and Sharjah may implement different regulations.

Penalties for vaping in prohibited areas can vary depending on the severity of the offence, including fines, confiscation of vape devices, or other legal consequences.

Cultural and Religious Considerations

The vaping industry has grown significantly in recent years, with more people choosing e-cigarettes over traditional smoking. This trend is particularly noticeable in the UAE.

However, there is ongoing debate within the Islamic community about whether vaping is permissible.

Some argue that it is "haram" (prohibited) due to potential health risks and its similarity to smoking, while others may consider it acceptable under certain conditions. It is advisable to seek guidance from religious scholars for clarification on this issue.

Conclusion

Understanding and adhering to the UAE's smoking and vaping regulations is essential for ensuring compliance and contributing to public health and safety.

By following these laws, individuals and businesses not only fulfil their legal obligations but also help promote the well-being of the broader community.

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