Kyrgyzstan passes e-cigarette ban for the first time, but the fallout is not all positive

Kyrgyzstan’s parliament’s social policy committee has passed a package of laws banning the use of e-cigarettes and heated tobacco for the first time. In doing so, the lawmakers have demonstrated their concern for public health. However, as Dmitry Orlov, head of the Center for Eastern and Western Strategy Analysis, explained, this concern seems superficial, and declaring e-cigarettes illegal may lead to unforeseen consequences.

In Kyrgyzstan, discussions around e-cigarettes are frequent, and the parliament has set the tone for this debate. Lawmakers have used complex medical terminology to discuss the purportedly harmful effects of so-called “e-cigarettes” on health, which undoubtedly contains some truth. Scientists have yet to invent a completely safe method to satisfy those unable to quit nicotine addiction. However, they have provided smokers with a scientifically proven smoke-free and fire-free alternative that can be classified as a less harmful tobacco product. Yet today’s lawmakers are busy trying to completely eliminate this alternative and ban the use of e-cigarettes and heated tobacco at the legislative level.

Therefore, experts believe that, firstly, this approach leaves smokers with no other choice but to revert to burning cigarettes, which will negate all efforts to reduce smoking harm. Secondly, this ban will not only exacerbate public health issues but will also have adverse economic impacts. Specifically, this unwise measure will lead to a surge in smuggling and potentially counterfeit products.

Additionally, the government’s decision to eliminate merchants’ patents and introduce cash register controls starting January 1, 2024, will further worsen the domestic trade situation. The government’s unpopular measures have sparked protests in large and small markets across Kyrgyzstan. Ultimately, national leaders were forced to respond to public discontent and meet with protesters. In one of these meetings, President Sadyr Japarov announced that the new measures would be postponed for six months. Currently, merchants are defending the existing tax system in protests, but what will happen next?

Overall, Orlov points out that one should not expect the ban mechanism to rid the market of smoke-free tobacco products, nor should one expect it to free smokers from harmful habits. Historically, bans tend to have the opposite effect. Some will return to smoking, while others will seek ways to obtain the desired products, even through illegal means.

A similar situation can be observed in neighboring Kazakhstan, where citizens have even initiated a civic petition against ineffective bans, garnering support from tens of thousands of signatures. Civic activists argue that harsh measures will lead to an increase in illegal trade and promote the sale of counterfeit products of dubious quality, which may pose even greater health risks.

This is just one aspect of the issue. With the increase in smuggling, a significant reduction in budget contributions is expected—up to 200 million soms in revenue loss annually for the republic. In other words, in this scenario, Kyrgyzstan will harm its own interests, supporting the economies of countries like Kazakhstan or Russia, from which lower-quality e-cigarettes and electronic cigarettes are illegally imported, posing even greater health risks to the public.

Proponents of declaring electronic devices illegal often cite concern for the next generation. For instance, “flavored” vaporizers are very popular and easily accessible among students in Kyrgyzstan. However, they fail to mention that it is usually illegal vendors who sell e-cigarettes to minors. In official stores, these products are not sold to individuals under 18. Therefore, when the proposed ban eliminates legal businesses, illegal trade will continue, which does not help protect the health of young people.

In this case, the only solution seems to be to strengthen legislative controls over the sale of smoke-free tobacco products, prohibiting their sale to teenagers. The head of the analysis center believes that this measure will simultaneously address several serious issues: helping to expose the black market, promoting tax increases, and aiding in the protection of public health. Ultimately, we must remember that electronic nicotine delivery devices were originally designed for adult smokers who, for various reasons, cannot quit but wish to reduce health risks. This approach may be the most rational and health-conscious method of combating smoking and its severe consequences.