News

7 February 2025

The Ombudsman Institution sent a letter to the Minister of Health Assoc. Prof. Silvi Kirilov due to the loopholes in the legislation, the large-scale breaches of the ban to smoke in closed public places and the offer, sale and use of tobacco and allied products by children under the age of 18.

The reason for the letter was the appeal to the Ombudsman Institution by the Association Bulgaria without Smoke and the Coalition for a Life without Tobacco Smoke, supported by 22 organizations, for better regulation of vapes and other products containing nicotine.

The consistent stance of the Ombudsman Institution is in support of the need to undertake legislative changes and ensure efficient control over the advertisements and sales both in the retail network and on the Internet.

The Ombudsman Institution draws attention to the fact that the restrictions should cover, inter alia, the use of all types of tobacco and allied products in addition to products other than tobacco, such as alcoholic drinks, nitrous oxide (laughing gas) and other products prohibited by law that are harmful for children’s health.

We recall that in 2022, following a legislative proposal of Ombudsman Diana Kovacheva, the Parliament banned the offer, sale, including online sale, and use of the so-called laughing gas by children under the age of 18. In September last year, Members of Parliament extended the ban on the sale of laughing gas to individuals, but the fact is that the business is still thriving today.

“The analysis shows that unfortunately the mentioned products are still easy to be obtained by adolescents, that control on their use in public places is ineffective and that the fashion trends for their use among teenagers, in addition to direct damage to their bodies, create harmful habits for the future and a serious risk to their life and health. It is beyond dispute that vapes which do not contain nicotine and other toxic substances, are a type of electronic cigarette, are dangerous for minors and inculcate a harmful habit and attitude among them that smoking is harmless,” writes the Ombudsman’s Secretary General Dr. Aysun Avdjiev to the Minister of Health.

He also recalls that the latest tragic incident with a child in Pleven who fell from the seventh floor after smoking a vape, which was found to contain a narcotic substance which once again brings to public attention the need to discuss multiple measures to protect the lives and health of children.

“We expect, drawing on our experts and the experience of the regional health inspectorates, that the Ministry of Health will make an analysis of the reasons for the unabated use of the indicated products that are harmful for the bodies of adolescents, including amendments to the existing regulatory framework,” Dr. Avdjiev writes.

The letter reads that action is needed to strengthen effective control by the regional health inspectorates, in active interaction with other authorities in charge of the enforcement of the bans on the sale of hazardous products.