The Rise of Shisha bars in Japan: Age Restrictions and Regulations

The number of hookah bars (also known as shisha lounges) is on the rise across the country. Particularly among young people, this is a hot topic with photos of hookah enjoyment and the atmosphere of the bars flooding social media platforms such as Instagram.

Some teenagers also harbor fantasies of smoking hookah. There are online posts asking "Do you know hookah shops that don't check for age?" A college student in her teens said, "I don't understand why you can't smoke. I've never had my age checked at a bar, and if I can't find one, I can go in." A friend of hers who is in her teens said, "She and her boyfriend in their twenties went in together." But when I checked the official website of the hookah shop, it stated, "Under 20 not allowed to enter" and "Please show official ID to confirm age upon entry." What exactly is happening? Can minors come and go as they please? I visited the controversial hookah shop to find out.

The author traveled to Shibuya-ku, Tokyo and was able to verify their age even though it was not listed on the website. There are many shisha bars around Centre Gai and Dogenzaka, with dim lighting and pink and blue lights visible from outside. The interior design is also fashionable and perfect for taking Instagram-worthy photos. CBD (cannabidiol), a component of marijuana known for its relaxing effects, has become a popular topic on social media, with some shops even offering CBD shisha. The author passed by a shop with a sign that read "CBD shisha available". As a test, they visited a shop that did not have an age verification sign on their website.

However, upon entering the store, the author and their companion were asked to show their ID cards. The baby-faced companion had previously been asked for age verification at a pub, but for the author in their 30s, this was the first time in a long time. The staff carefully inspected the birthdate field. Most of the customers were young people in their 20s and 30s. The exhaled smoke was illuminated by blue lights, creating a mysterious and dreamy atmosphere, which was inspiring.

According to a store employee, customers can pass the time without smoking hookah in the establishment, but those under 20 years old are not allowed to enter. It is currently unclear where there are stores that even minors can enter. However, at least this store is conducting age checks, as none of the customers looked like they were in their teens. The employee stated, "There are strict regulations in this area, and they are thoroughly checking ages.

Even after lowering the age limit for smoking, those under the age of 20 are still prohibited from smoking. Water pipes, also known as hookahs, are used to enjoy a variety of flavors including fruit flavors like apple, banana, and mango, as well as sweet flavors like vanilla, chocolate, cinnamon, and mint. Multiple flavors can also be mixed for a unique taste. When inhaling, the water in the device bubbles and after about 5 seconds, the user can slowly exhale smoke to enjoy the flavor and aroma. Compared to cigarettes, the taste is milder and contains less nicotine and tar. When asked about the content, the store employee said it was "supposedly a very small amount" but was unsure of the exact amount. The reason for prohibiting those under the age of 20 from entering the store is because water pipes are still considered a type of smoking, which is prohibited by the Under 20 Smoking Ban.

Lawyer Manabu Hoshino has explained the reasons behind the smoking ban as follows: "The purpose of the ban is to prevent harm to health and crime. Therefore, even though the age of adulthood has been lowered in the Civil Code, the age for prohibiting smoking has been set at 20 years old or younger. In order to clarify this point, the name of the Minor Smoking Prevention Act has been changed to the Act to Prohibit Smoking for Persons Under 20 Years of Age, hereafter referred to as the 'Law'. If you invite someone under 20 years old without permission into a hookah shop, criminal responsibility will be pursued. I would like to know if this applies to hookah. Lawyer Hoshino explains that "first, it is necessary to consider whether hookah is considered 'tobacco' within the legal definition.

Some people argue that hookah is not considered a type of cigarette since it contains very small amounts of nicotine and tar. It can be smoked, chewed, or sniffed. Hookah is typically made from tobacco leaves and is therefore classified as an artificial tobacco product under the Tobacco Business Law. As such, it falls under the category of cigarettes that are prohibited by law for individuals under the age of 20. Those who are under 20 and knowingly smoke hookah, and sellers who provide such tobacco products, will be subject to fines under Article 5 of the law.

The provision of shisha and smoking facilities at shisha bars qualifies as the sale of tobacco. If an individual under the age of 20 is invited to smoke shisha on the premises, the shop owner, staff and employees could face fines. To avoid these risks, I suggest that people under the age of 20 should confirm or decline the invitation to enter the shop, in order to prevent damage to the reputation of the establishment caused by engaging in illegal activities.

Can it be without tobacco? Recently, so-called "pocket waterpipes" and "cigarette substitutes" without nicotine have appeared on the market. According to Hoshino, some tobacco substitutes do not involve heating, such as cigarettes that heat but do not burn, or products that do not use "tobacco" itself but only enjoy the flavor. Hoshino explains that for products that do not use tobacco, the liquid in the pod is electrically heated and atomized, so it may be more accurate to refer to it as a "cigarette-like product." So, is it illegal for people under the age of 20 to smoke something that does not contain tobacco? Hoshino explains: "In essence, it is prohibited for people under the age of 20 to use tobacco products, not tobacco itself, so even if it is called a 'pocket waterpipe,' there are no legal restrictions if it is purely for the enjoyment of flavor." Due to inadequate regulation of tobacco products, some liquids that are not intended to be made from tobacco contain tobacco ingredients. In addition, there seem to be counterfeit, cheap products in the market, even if they do not contain tobacco. However, harmful substances may be present in their ingredients, so I must say that it is not recommended to use tobacco substitutes or similar products lightly.

2FIRSTS will continue to track and report on this topic, with updates available on the '2FIRSTS APP'. Scan the QR code below to download the app.