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Bulgaria Rules Indoor Heated Tobacco Use is Legal in Restaurants

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Sofia Regional Court overturns fine, ruling that heating tobacco does not violate indoor smoking bans.
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The Sofia Regional Court has ruled that using heated tobacco products (HTPs) such as IQOS and Glo in indoor restaurants, bars, and clubs is entirely legal. This landmark decision overturned a 500 BGN (~$275 USD) fine previously imposed on a local venue, establishing that heating tobacco does not constitute smoking under national law.

The legal dispute began during a routine inspection by the Sofia Regional Health Inspection (SRHI) at a capital bar. Inspectors fined the venue’s manager after observing multiple patrons using HTPs indoors. However, the court dismissed the penalty and ordered the health authority to pay 400 BGN in legal costs.

In the ruling, Judge Pavel Panov clarified that Bulgaria’s Health Act specifically bans indoor smoking, not the general use of all tobacco products. Because HTPs function by heating tobacco without combustion, they do not release smoke or ash, meaning they do not fall under the statutory definition of smoking.

During the inspection, authorities noted that the devices emitted no smoke or typical cigarette odors. Consequently, the court concluded that allowing HTP use in enclosed public spaces does not violate existing public health regulations, drawing a clear legal line between traditional cigarettes and smoke-free alternatives.