Without a light: Rospotrebnadzor banned the sale of vapes and energy drinks under the same brand

Rospotrebnadzor has banned the sale of vapes and energy drinks produced under the same brand, Izvestia found out. According to the results of an inspection conducted on behalf of the Prosecutor General's Office, online stores that sold these goods under the Chinese brand HQD received such an order. Public activists believe that the promotion of energy drinks of the same brand with vapes violates the ban on stimulating the consumption of nicotine-containing products. For more information, see the Izvestia article.

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Energy companies and electronic cigarettes will no longer be sold under the same brand in Russia, as such trade violates the provisions of the law "On Protecting Citizens' Health from Exposure to Ambient Tobacco Smoke, the Effects of tobacco Consumption or Consumption of Nicotine-containing Products." This conclusion was reached by the Department of Rospotrebnadzor in the Moscow region, having checked one of the largest Russian online stores on behalf of the Prosecutor General's Office.

Photo: IZVESTIA/Andrey Erstrem

As reported by Izvestia, the reason for the inspection was the appeal of the head of the Public Council at Rospotrebnadzor Oleg Pavlov. We are talking about the Chinese brand HQD, in the Russian Federation its copyright holder is Meridian-Trade JSC. This organization sells both electronic cigarettes and beverages, which is confirmed by information on official websites and general contacts for bulk orders. According to Spark-Interfax, the company's revenue in 2024 amounted to 1.43 billion rubles.

"The sale of non-alcoholic tonic (energy) drinks under the HQD brand of electronic cigarettes does not comply with the requirements of the federal law on the prohibition of the sale and promotion of consumption of nicotine-containing products. In particular, through the use of the trademark in the manufacture of goods that are not tobacco products and nicotine—containing products, and the wholesale and retail trade of such goods," the agency's response says.

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The document also notes that an order with such conclusions has been sent to Internet sites, and an additional check will be carried out against Meridian-Trade JSC itself.

— We demand that these goods be withdrawn from circulation as soon as possible. Such behavior by the distributor is unfair, since with the help of energy companies they involve and teach, including young people, to use electronic cigarettes," Oleg Pavlov explained to Izvestia.

Photo: IZVESTIA/Dmitry Korotaev

Izvestia sent a request to Rospotrebnadzor with a request to comment on the timing of the withdrawal of goods from sale.

One brand for different products

The Union of Nicotine-Containing Products Industry (CIPNI) does not agree with the interpretation of the law. German Lukashov, director of the association, believes that there is nothing wrong with using the same brand for different products, as this allows companies to guarantee product quality.

— The regulatory authorities have made such an interpretation of the law in their favor, since they need to issue warnings and fines in their line of duty. This applies to a player who fulfills all the requirements of the law, trades "in white" — legal goods and does not hide, — he said.

Izvestia also sent a request to Meridian-Trade JSC with a request to comment on the decision of Rospotrebnadzor.

Meanwhile, lawyers and public figures believe that the violation is obvious. According to lawyer Anton Nedzvetsky, the distributor company had no right to use the same trademark for energy drinks and electronic cigarettes, since the law explicitly prohibits the wholesale and retail sale of such products.

Photo: IZVESTIA/Sergey Lantyukhov

Pavel Shapkin, chairman of the National Consumer Rights Protection Union, called the situation "an egregious case." He believes that it is impossible to talk about quality assurance when it comes to cigarettes, which, according to him, are dangerous to health.

"Everyone knows that cigarettes are dangerous to health, and calling high—quality electronic cigarettes that are even more harmful is nonsense," he told Izvestia.

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According to him, it is important that the company does not evade responsibility and receive severe punishment, including temporary suspension of operations until the violation is eliminated.

The company may be held liable under Article 14.3.1 of the Administrative Code of the Russian Federation ("Sponsorship of tobacco or nicotine-containing products, advertising and promotion of the sale of tobacco, tobacco products, tobacco products, nicotine-containing products, devices for the consumption of nicotine-containing products or hookahs") with a fine of up to 150 thousand rubles.