Prohibition of advertising which is ‘cross border’ in impact, such as broadcast media, online and print, was required by the EU Tobacco Advertising Directive. Much of the law and policy is UK wide but where devolved, it is specified. (Article 13 of the WHO FCTC)
This act regulates advertising of tobacco, sponsorship of events, and brand sharing. See House of Commons research paper 02/20 for detailed background. Amended by future legislation including The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 following UK’s EU exit; below includes all amendments.
- Made 7 November 2002, UK wide; tobacco advertising (except point of sale and online), free distribution, and sponsorship regulations came into force 14 February 2003; brandsharing regulations came into force 26 February 2003; point of sale regulations came into force 21 December 2004; see also Commencement Orders No. 3 and No. 9 for further implementation.
- Bans advertising of tobacco products on billboards, in newspapers, magazines, and online.
- Bans advertising tobacco at point of sale via displays in non-specialist-tobacconist stores. Originally the Act allowed a small ad at point of sale, but this was later banned when point of sale display ban came into force in April 2012 and April 2015 (see below).
- Bans free distribution of products or coupons promoting tobacco products by businesses.
- Banned tobacco sponsorship of domestic sporting events and international events like F1.
- Set provisions for penalties and powers of enforcement.
Regulates brandsharing and reverse brandsharing, which is the use of same name, similar names, emblems, or features in tobacco and non-tobacco products and services to promote tobacco products.
- Made 13 July 2004, UK wide; came into force 31 July 2005.
- Bans brandsharing, the use in non-tobacco products or services of features similar to those connected to tobacco products as might help promote the tobacco products.
- Bans reverse brandsharing, the use in tobacco products of features similar to those connected to non-tobacco products or services where that connection promotes the tobacco product.
- Sets some exceptions and exemptions, e.g. for gantries and display units.
Amends Tobacco and Advertising Promotion Act 2002 to include regulations on internet advertising.
- Made 24 August 2006, UK wide; came into force 28 September 2006.
- Bans advertising of tobacco products digitally and online.
Act predominantly aimed at improving the quality and delivery of NHS services but also amends Tobacco Advertising and Promotion Act 2002 and Children and Young Persons (Protection from Tobacco) Act 1991 to include key provisions on promotion of tobacco; only provisions relevant to tobacco included below. See also House of Commons research briefing paper 5537, 2011 regulatory impact assessment, and Explanatory Notes for more background and information.
- Made 12 November 2009, UK wide minus Scotland; gave powers to Secretary of State and counterparts in Wales and Northern Ireland to prohibit tobacco displays by regulation (see below); implementation dates set out in regulations.
- Banned display of tobacco products at point of sale in large stores, defined as those with a customer floor area of over 280 square metres, and later in all other stores.
Detailed regulations for the prohibition of display of tobacco products provided for in Health Act 2009. See Explanatory Memorandum for more information and background.
- Made 23 February 2010, England only; came into force 6 April 2012 for large stores, defined as those with customer floor area above 280 square metres, 6 April 2015 for all other stores. Had been due to come into force earlier in 2011 and 2013 but change of Government reversed plans, before a successful campaign was run to ensure implementation.
- Stipulated that ban on display of tobacco products in Health Act 2009 does not apply to specialist tobacconists, which fall under separate regulations.
- Specified that retailers can make temporary limited size displays on request when selling tobacco, provided area of storage unit displayed does not exceed 0.75 square metres. Amended in 2012 to increase size of allowed temporary displays to 1.5 square metres and to require secretary of state to carry out periodic reviews and publish a report.
- Specified that bulk-tobacconists, meaning a shop which sells 90% of its cigarettes and hand-rolled tobacco in large pre-packed quantities (and including duty free), can only display tobacco in designated areas.
Regulates the display of prices for tobacco products in stores which sell tobacco products; does not apply to specialist tobacconists, for whom there are separate regulations, or bulk tobacconists. See Explanatory Memorandum for more information and background.
- Made 17 March 2010, England only; came into force 6 April 2012 for large stores, defined as those with a customer floor area above 280 square metres, and 6 April 2015 for all others.
- Limits display of prices of tobacco products to brand name, price, and number of units of package or net weight of product.
- Requires display of prices of tobacco products to be presented as a price list with specific format and offered only on request.
Covers the application of 2010 Tobacco Advertising and Promotion (Display) (England) point of display regulations to specialist tobacconists. See Explanatory Memorandum for more info and background.
- Made 23 February 2010, England only; came into force 6 April 2015.
- Exempts specialist tobacconists from 2010 Tobacco Advertising and Promotion (Display) (England) point of display regulations if their adverts are not visible from outside of the premises and include a health warning. Amended in 2012 to require secretary of state to carry out periodic reviews and to publish a report.
Amends Communications Act 2003 to transpose EU Audiovisual Media Services Directive (2007/65/EC) into UK law to regulate product placement in specific audiovisual media services including of cigarettes and e-cigarettes; only provisions relevant to cigarettes and e-cigarettes included below. See Explanatory Memorandum for more information and background.
- Made 16 March 2010, UK wide; came into force 16 April 2010.
- Bans product placement of tobacco products on TV programmes, on-demand programmes, sports programmes, films made for cinema, and light entertainment programmes.
- Bans product placement of e-cigarettes on TV programmes, on-demand programmes, sports programmes, films made for cinema, and light entertainment programmes.
Regulation transposing 2014 EU Tobacco Products Directive into UK law on packaging and labelling, product contents, and advertising and sponsorship; only provision on e-cigarette advertising included below. Amended by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 following UK’s EU exit; below includes all amendments. See also Impact Assessment and Explanatory Memorandum for more information and background.
- Made 18 April 2016, UK wide but Scotland currently considering whether to further regulate e-cigarette advertising; came into force 20 May 2016 with a sell through period to 21 May 2017.
- Bans advertising of e-cigarettes in the press and online.
- Bans sponsorship by e-cigarette companies of cross-border events occurring in or affecting the UK and one or more EU member states.
- Further implemented via CAP Code Rule 22 and Ofcom regulations on e-cigarette advertising, sponsorship, and product placement.
Amends UK legislation Tobacco Advertising and Promotion Act 2002, Tobacco Advertising and Promotion (Brandsharing) Regulations 2004, The Standardised Packaging of Tobacco Regulations 2015, The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015, and Tobacco and Related Products Regulations 2016 and amends or repeals EU legislation 2015/1842, 2016/779, 2015/2183, 2015/2186, and 2016/786 – all concerning tobacco packaging and labelling, product contents and flavours, and advertising and promotion – in light of UK’s EU exit; only provisions on advertising and promotion included below. See Explanatory Memorandum for more information and background.
- Made 10 January 2019, covers UK; came into force 31 January 2020 when UK left EU.
- Amends Tobacco Advertising and Promotion Act 2002 in light of changing obligations regarding 2003 EU Tobacco Advertising Directive following UK’s EU exit.
Amends Communications Act 2003 to transpose EU Directive 2018/1808 into UK law to cover, in addition to provisions in The Audiovisual Media Services (Product Placement) Regulations 2010, video-sharing platforms; only provisions related to cigarettes and e-cigarettes included below. See also Impact Assessment and Explanatory Memorandum for more background and information.
- Made 30 September 2020, UK wide; came into force 1 November 2020.
- Bans commercial communication of tobacco products on video-sharing platform services.
- Extends ban on product placement in on-demand programmes or services to e-cigarettes.
The ASA is the self-regulatory organisation of the advertising industry in the UK. The Committee of Advertising Practice (CAP) is the sister organisation of the ASA and is responsible for writing the Advertising Codes. Amends code regulating advertising in UK (Code of Non-Broadcasting Advertising, Sales Promotion, and Direct Marketing – CAP Code) to include regulations on e-cigarettes in light of TRPR 2016.
- Published January 2017.
Stipulates that all advertisement and marketing for e-cigarettes:
- Must not encourage non-smokers or non-nicotine users to use e-cigarettes.
- Must state whether the product contains nicotine.
- Must not appeal to under 18s.
- Must not promote the use of a tobacco product or a tobacco brand.
Ofcom Regulation of e-cigarette advertising and sponsorship on television and radio and Ofcom Regulation of e-cigarette product placement and sponsorship of broadcast television and on-demand programme services
Two Ofcom regulations amending the code regulating broadcast advertising in the UK (Broadcasting Code) to include regulations on advertising and sponsorship of e-cigarettes in light of 2016 TRPR and on product placement of e-cigarettes in light of amendments to Communications Act 2003 made by the Audiovisual Media Services (Product Placement) Regulations 2010.
- Published May 2016.
- Prohibits e-cigarette sponsorship of news, current affairs programmes, and any programming promoting e-cigarettes; also prohibits advertising of e-cigarettes on TV and radio.
- Prohibits product placement of electronic cigarettes in TV programming.
- Prohibits e-cigarette sponsorship of on-demand programmes or services.
There are separate regulations on advertising of tobacco, advertising at point of sale, sponsorship of events, and brand sharing for
- Scotland: available on the ASH Scotland website.
- Wales: The Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012 and The Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012
- Northern Ireland: The Tobacco Advertising and Promotion (Display of Prices) Regulations (Northern Ireland) 2012 and The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012