It's not all about one thing: in Russia they want to stop the sale of energy drinks under the brand of electronic cigarettes

In Russia, they want to stop the sale of energy drinks under the brand of electronic cigarettes HQD. The trademark holder is engaged in the sale of both types of goods in the Russian Federation. This violates the law, according to the Public Council at Rospotrebnadzor. They asked the Prosecutor General's Office to hold the company accountable. Lawyers confirm the illegality of business actions: unfair company practices surface in completely different areas when commercial interests are placed above the interests of citizens.

Why can't cigarettes be promoted with other products

The Prosecutor General's Office is being asked to stop the illegal sale of energy drinks under the HQD brand of electronic cigarettes. Oleg Pavlov, head of the Public Council at Rospotrebnadzor and head of the Public Consumer Initiative (OPI), made such a request to Igor Krasnov, the head of the department.

Photo: IZVESTIA/Andrey Erstrem

In a document that Izvestia has, he reports that, as part of monitoring consumer rights, social activists conducted a market study of non-alcoholic tonic (energy) drinks on the Internet. The facts of retail and wholesale sales of energy drinks, which use a trademark that simultaneously serves to brand electronic cigarettes, were revealed.

We are talking about the Chinese brand HQD. As social activists have established, in the Russian Federation its rightholder is the Russian company Meridian-Trade JSC, which simultaneously sells electronic cigarettes and beverages. This also follows from the information on the official websites with vapes and energy drinks, where the details of the organization are indicated, as well as on the company's website. Wholesale orders of products are accepted through single contacts.

"There is a gross violation of the prohibition on stimulating the sale and consumption of nicotine—containing products established by the law "On Protecting the Health of Citizens from exposure to ambient tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products," Prosecutor General Oleg Pavlov reports.

Photo: IZVESTIA

In the document, he points to Article 16 of this law on the prohibition of advertising and promotion of tobacco products, nicotine-containing products, and devices for its consumption. In particular, paragraph "b" of Part 1 prohibits the use of a trademark in the manufacture of products that are not tobacco products and nicotine-containing products, and the wholesale and retail sale of such goods.

"Using a common brand helps to expand the range of consumers of HQD electronic cigarettes through energy drinks. In addition, the latter are sold openly, allowed for advertising and sale, which allows the copyright holder to increase the popularity of the brand, despite the current prohibitions and restrictions," the document emphasizes.

In this regard, the activist asks the Prosecutor General's Office to take measures to curb the turnover of energy drinks and bring the company to justice.

— The situation is aggravated by the lack of proper compliance with the age limit when selling energy drinks to minors. Thus, not only is the ban on selling to children violated, but they are also involved in the use of nicotine—containing products," Oleg Pavlov explained to Izvestia.

Photo: IZVESTIA/Pavel Volkov

Izvestia sent a request to the Prosecutor General's Office with a request to comment on the measures taken against the company. The editorial board also sent questions to Meridian-Trade JSC with a proposal to express their opinion on the sale of these goods. According to Spark-Interfax, the organization's revenue from sales by the end of 2024 amounted to 1.43 billion rubles, net profit — 48.5 million.

Why does a business not comply with the requirements of the law

There is a gross violation of the law, Anton Nedzvetsky, a lawyer in the field of consumer protection, told Izvestia.

— The company violates the established prohibition on encouraging the consumption of tobacco or nicotine-containing products, as well as the prohibition on sales promotion. In particular, this concerns her use of means of individualization — a trademark — when selling goods that are not tobacco products and nicotine—containing products," the expert explained.

He also stressed that the law prohibits the wholesale and retail sale of such products.

— Unfair business practices surface in completely different areas. This happens mainly in cases where commercial interests are placed above the interests of citizens. Of course, such practices should be suppressed," the expert explained.

Photo: IZVESTIA/Eduard Kornienko

Andrey Nekrasov, lawyer, Candidate of Law, Managing Partner of Nekrasov, Rudomanov and Partners, agrees with this opinion.

— I am ready to agree with the public figures that there is a violation, and an inspection should be carried out by the Prosecutor General's Office. Most likely, the company will 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")," the expert said.

Izvestia sent a request to the Union of Producers of Juices, Water and Beverages.

Pavel Shapkin, Chairman of the National Consumer Rights Protection Union, believes that regulatory authorities will pay attention to the work of this company. If there is a ban on the sale of such goods, then businesses must follow the law, the expert stressed.