Fruit and Menthol Survived Saudi Flavor Ban

Ellesmere Zhu

Capital of KSA, Riyadh | Source: US department of state

Almost all countries in the Middle East practice Islam, except for one, Israel. Islam rejects all things that are indulgent and addictive, and the hadith says, "The Messenger of Allah strictly forbade the use of all narcotics and debilitating substances". Therefore, in principle, all of these Muslim countries should be free of tobacco and alcohol.

In fact, the vast majority of countries in the Middle East strictly prohibit the import, sale, and use of cannabis products, with the maximum penalty of death for violators. Israel, but, allows the use of marijuana for medical purposes.

In view of the more stringent restrictions on alcohol in Islamic teachings (Qur'an, Chapter 5, verse 90: "O you who believe, drinking alcohol is an obscenity and an act of the devil, so stay away"). As for tobacco, which is weaker than alcohol and marijuana, Middle Eastern countries generally look the other way when it comes to tobacco use. Though laws state that smoking is not allowed, the tobacco market is de facto prosperous. According to the U.S. National Library of Medicine, the average smoking rate in Middle Eastern countries is 45 percent for adult males and 5 percent for females.

Traditional tobacco is available for sale in most countries in the Middle East, but taxes are high. For example, Saudi Arabia imposes a tax on cigarettes of 100% of the pre-tax price, or an effective tax rate of 50%. The sale of cigarettes is also severely restricted, and only designated tobacco retail outlets can legally sell cigarette products. When the author was traveling in the Kingdom, he bought cigarettes from convenience stores and grocery stores where cigarettes were hidden under the counter. It can be inferred that some uncertified stores have black-market resources and sell cigarettes undercover.

Tobacco product store in Saudi Arabia | Source: qaser-al-mazaj.business.site

As the developed world has introduced smoke-free goals, e-cigarettes are becoming increasingly popular. This has caused other markets to follow suit, the Middle East is no exception.

The region's policy on the regulation of e-cigarettes can be divided into three main tiers, the first tier includes countries and regions with complete regulation of e-cigarettes, such as Israel and the United Arab Emirates; the second tier countries and regions allow e-cigarettes, but the regulation is not complete, such as Saudi Arabia, Jordan, and Bahrain; in the third tier countries, such as Egypt, Lebanon, and Iran, vaping is prohibited by law, but the weak enforcement has led to a rampant black market.

Map of the Middle East | Source: Encyclopaedia Britannica

As the largest country both in size and population, Saudi Arabia's e-cigarette market had been in the grey zone until September 2015, when the Ministry of Commerce and Investment officially banned the sale of e-cigarettes and related products. 

Then on May 15, 2019, Saudi Arabia's General Authority for Zakat and Taxation (GAZT) adopted amendments to the existing excise tax regulations to include e-cigarette products in the tax base. Previously, tobacco was taxed at 100%, soft drinks at 50% and energy drinks at 100% under the Gulf Cooperation Council (GCC) Member States Excise Tax Agreement Implementation Regulations. The new amendments included sugary beverages being taxed at 50% and e-cigarette devices being taxed at 100%. The tax is a prelude to the legalization of e-cigarettes in Saudi Arabia.

In August 2019, the Saudi Food and Drug Authority (SFDA) published the Technical Regulation SFDA FD.60 for Tobacco Products which was enforced from 23 August 2019 to monitor and control these products and to promote and protect public health and safety of the KSA consumers. The regulation opened a new chapter of compliance for KSA's e-cigarette market. The regulation requires that:

• The sale of e-cigarettes is allowed provided that they meet certain criteria, including, but not limited to, specific device and packaging requirements.
• The use of e-cigarettes is prohibited where smoking is prohibited, which includes most indoor public places and workplaces. Smoking is allowed in designated smoking rooms in bars, nightclubs, stadiums, casinos, and shops.
• Certain e-cigarette flavors are prohibited, including cocoa, vanilla, coffee, tea, spices, candy, chewing gum, cola, and alcohol. The only permitted flavors are fruit flavors, menthol, or a mixture of these.
• Certain e-cigarette ingredients are prohibited, including: vitamins or other additives which give the impression that the product has a healthy benefit; caffeine, taurine or other additives and stimulants associated with stimulating performance and vitality; color additives that add color to the emissions; substances with carcinogenic, genetic mutation-causing or toxin-producing properties before burning; and substances that are specified as illegal to trade in such as psychotropics, narcotics, hallucinogens and stimulants.
• The law requires that outer packaging display health warnings on the front and back sides covering 65% of the whole surface. 
• The following health warning statement must be on every package: “The product contains nicotine which causes addiction.”
• The SASO Technical Regulations for Electronic Smoking Devices prohibit suppliers from presenting the product as a healthy alternative to smoking.
• Unit packs of e-cigarette and retail containers include a leaflet containing information about instructions for use and storage, including the mechanism of opening the product and re-filling it.
• The product packaging from containing any of the following is prohibited:

- Promoting the product or encouraging its consumption through messages or implications regarding its characteristics, health effects, risks, or emissions.
- An implication that the product is less dangerous than other products, or that it aims to reduce the harmful effect of smoking.
- Any element or publication promoting the product or containing promotional offers.

• Packaging must also include warning labels regarding child safety.
• The maximum concentration of nicotine in the e-liquid is 20mg/ml (2%). 
• E-cigarette device requirements listed include, but are not limited to: the devices are to be protected against breakage and be tightly sealed to prevent leakage. 
• The device must be designed to withstand the damage caused by children, so that it does not cause health risks to children, by placing markings to protect from children and setting appropriate mechanisms for opening and closing the containers.
• The capacity of the internal cartridge must not exceed 2 ml, and the capacity of a refill container must not exceed 10 ml.
• Manufacturers and importers must submit a declaration of conformity indicating that their product complies with the legal requirements. They must also obtain a national certificate of compliance for their products.

The law does not address internet sales of e-cigarettes. The law is interpreted as allowing sales via the internet, as shown in the screenshot of KSA delivery service below.

KSA delivery service provided by an online vape retailer | Source: vapegateae.com

There is no law addressing e-cigarette advertising and promotion. So advertising and promotion of e-cigarettes are allowed, as shown in the online promotion below.

Saudi's online vape promotion | Source: freead1.net

The law does not address the display of e-cigarettes at the point of sale. Therefore, open display at point-of-sale is allowed, as shown in the tobacco store below.

Tobacco shop in Saudi Arabia | Source: qaser-al-mazaj.business.site

Reference:

TR - Electronic Devices Used in Electronic Smoking Systems

Technical Regulations for Electronic Smoking Devices