Middle East Tobacco Regulations and E-cigarette Policies in Saudi Arabia

Riyadh, the capital of Saudi Arabia. Photo credit: US Department of State.

Almost all countries in the Middle East practice Islam, with the exception of Israel. Islamic doctrine opposes anything that can lead to addiction or indulgence, with holy scripture stating that "God's messenger forbids the use of all narcotics and enervating substances." Therefore, in theory, all of these Muslim countries in the Middle East should prohibit smoking and drinking.

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

Given that Islam has stricter restrictions on alcohol (as stated in chapter 5, verse 90 of the Quran: "O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination― of Satan's handiwork: Eschew such (abomination), that ye may prosper."), while tobacco products with lower strength than alcohol and marijuana are generally tolerated in Middle Eastern countries with a "turn a blind eye" approach. Despite laws prohibiting smoking, the tobacco industry is thriving in the Middle East. In fact, according to data from the National Library of Medicine in the United States, the average smoking rate among adults in Middle Eastern countries is as high as 45%, with a 5% prevalence among women.

Although traditional tobacco products can be sold in most countries in the Middle East, they face high taxes. For example, Saudi Arabia imposes a tax of 100% on the pre-tax price of cigarettes, resulting in an effective tax rate of 50%. Sales of cigarettes are also strictly limited, with only designated tobacco retail stores legally able to sell them. During a trip to Saudi Arabia last year, the author purchased cigarettes several times from convenience stores and grocers, with the cigarettes hidden below the counter. It can be assumed that some unlicensed shops have access to black market resources and sell cigarettes on the sly.

Saudi Arabian tobacco shop. Source: qaser-al-mazaj.business.site

As developed countries around the world introduce smoking bans, a growing preference for e-cigarettes is becoming evident in their markets. This trend is now being replicated in other markets, with the Middle East being a typical example.

The regulation of electronic cigarettes in the region can be divided into three categories. The first category includes countries such as Israel and the UAE that have comprehensive regulations in place. The second category consists of countries such as Saudi Arabia, Jordan, and Bahrain that allow electronic cigarettes, but their regulations are not well-established. The third category includes countries such as Egypt, Lebanon, and Iran where electronic cigarettes are illegal, but the lack of enforcement has led to a flourishing black market.

Middle East Map sourced from souhu.com.

As the country with the largest population and area in the Middle East region, Saudi Arabia's regulation of electronic cigarettes was once unclear. This was because in the early years, Saudi Arabia did not have laws prohibiting the use of electronic cigarettes. However, in September 2015, the Saudi Arabian Ministry of Commerce and Investment officially implemented a ban on the sale of electronic cigarettes.

On May 15, 2019, Saudi Arabia's General Authority of Zakat and Tax (GAZT) revised its current consumption tax regulations to include e-cigarettes in the taxable base. Previously, the country imposed a 100% tax on tobacco products under the Gulf Cooperation Council (GCC) Unified VAT Agreement, a 50% tax on soft drinks, and a 100% tax on energy drinks. Under the new revision, sugary drinks are also subject to a 50% tax and e-cigarette devices are subject to a 100% tax. This tax marks the beginning of the legalization of e-cigarettes in Saudi Arabia.

In August 2019, the Saudi Food and Drug Authority (SFDA) issued technical regulations for tobacco products under SFDA FD.60 to monitor and control electronic cigarette products. This regulation opened the way for the compliant opening of the Saudi Arabian electronic cigarette market. The regulation requires:

Sale of electronic cigarettes is permitted, provided that they meet certain standards, including but not limited to specific equipment and packaging requirements.

In places where smoking is prohibited, the use of electronic cigarettes is also prohibited. This includes most indoor public spaces and workplaces.

The ban on certain flavors of electronic cigarettes will include cocoa, vanilla, coffee, tea, spices, candy, chewing gum, soda, and alcohol. The only permitted flavors will be fruit and mint, or a combination of the two.

Certain e-cigarette ingredients are prohibited, including: vitamins or other additives that give consumers the impression that the product is healthy; additives and stimulants such as caffeine or taurine that are associated with stimulation and energy; additives that give emissions color; substances that are carcinogenic, mutation-causing, or toxic before combustion; and substances that are prohibited for trade, such as psychoactive drugs, narcotics, hallucinogens, and stimulants.

The equipment should have protective measures in place to prevent damage and be tightly sealed to prevent leaks.

Manufacturers and importers are required to submit a compliance declaration indicating that their products meet legal requirements. They must also obtain a national certification for their products.

Electronic cigarettes must be packaged with an information leaflet in both unit packaging and retail containers which provide instructions for use and storage, as well as details on how to open the product and refill it.

The external packaging of the product must display health warnings on the front and back, covering 65% of the total surface area. Each packaging must feature the following health warning statement: "This product contains nicotine and is addictive.

The law prohibits product packaging from including any of the following contents:

Promote the product or encourage its consumption by highlighting its features, health impacts, risks, or emissions through information or suggestions.

Indicate that the product is less dangerous than other products, or suggest that the product is designed to reduce the harmful effects of smoking.

Any advertising of the product or publication that includes promotional offers.

According to the SASO technical regulations, packaging must also include warning labels regarding child safety.

The design of the device must be able to withstand damage caused by children, and prevent any health risks to children. This can be achieved by placing child-proof labels and implementing appropriate mechanisms for opening and closing the equipment.

The internal pod of tobacco products must not exceed a capacity of 2 milliliters, while the capacity for refill liquid must not exceed 10 milliliters.

The maximum nicotine concentration in e-liquid is 20mg/ml (2%).

As regulations do not address internet sales of electronic cigarettes, it is assumed that these products can be sold through online channels, as illustrated in the following image.

A certain online retail website for electronic cigarettes has released a poster advertising its delivery service to Saudi Arabia. The source of this information is vapegateae.com.

There are currently no laws regulating advertising and promotion for electronic cigarettes, thus it can be assumed that these products are allowed to be marketed in this way, as illustrated in the following image:

Online Ads for Saudi Arabian E-Cigarette Retailers, sourced from freead1.net.

The regulations do not address the display of electronic cigarettes in sales outlets. Therefore, it can be assumed that electronic cigarette products are allowed to be displayed and sold at retail points.

Saudi Arabian tobacco shop. Source: qaser-al-mazaj.business.site.

Author: Zhu Hongxu

参考文献" translates to "references" in English.

Electronic Smoking Devices Use Electronic Devices

The Technical Regulations for Electronic Smoking Devices, which outline the standards for the manufacturing, import, and sale of such products, have been established. These regulations are designed to ensure the safety and quality of electronic smoking devices, and cover aspects such as the size, shape, and design of the products, as well as specific technical requirements for the batteries and atomizers. The regulations also mandate clear labeling and warning labels on the packaging of the devices. The implementation of these regulations aims to protect consumers from potential health risks associated with using electronic smoking devices.

In the next issue, FIRSTS will be featuring coverage on the regulation of e-cigarettes in the United Arab Emirates (UAE). Stay tuned for more information.