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The United Kingdom became a Party to the WHO Framework Convention on Tobacco Control on December 16, 2004.
Smoke Free Places: In Northern Ireland, smoking is prohibited in public transport, indoor public places, and indoor workplaces, including work vehicles. There are a few very limited exceptions to the ban. Specifically, smoking is permitted in designated rooms in hotels, residential care homes, nursing homes, hospices, and prisons; and smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. Local jurisdictions are not permitted to have smoke free laws.
Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising and promotion is generally prohibited, subject to a few exceptions, such as: at point of sale, some promotional elements on product packaging, direct person-to-person communications, and retailer incentive programs. For retail shops, tobacco advertising currently is permitted on one display unit inside the shop. Tobacco advertising is currently prohibited in large retail shops, but permitted in small retail shops until April 2015. Advertisements at small retail shops are restricted to the equivalent of one A5 size (21cm x 15cm) advertisement, and must contain a health warning occupying 30 percent of the surface area. Specialist tobacconists may display tobacco advertising inside the premises and fixed to the outside of the premises, although such outdoor advertisements will be prohibited beginning in April 2015. Point of sale advertisements at specialist tobacconists are not limited in size but must contain health warnings. Publicity of tobacco sponsorship is prohibited; however, the financial contribution or in-kind support itself it not prohibited.
Tobacco Packaging and Labeling: One of two text warnings must be displayed on 30 percent of the front of the package, and one of 14 picture warnings with accompanying text must be displayed on 40 percent of the back of the package. The warning must be enclosed by a border and the border brings the total size of the warning area to 43 percent of the front surface and 53 percent of the back surface. Warnings on unit packaging must be rotated so that each warning appears a roughly equal number of times over a 12-month period. Warnings on cartons must be rotated equally over a three-year period. The use of misleading terms and descriptors implying that a tobacco product is less harmful than another is banned; however, figurative emission yields must be displayed on the tobacco package. The government initiated a public consultation on plain packaging in April 2012 and will decide whether to pursue plain packaging measures depending on the outcome of the consultation.
Roadmap to Tobacco Control Legislation: The Smoking Order 2006 regulates smoking in public places, workplaces and public transport. Numerous implementing regulations have been issued under the Smoking Order including: 1) Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007, which define “enclosed” and “substantially enclosed”, impose a duty on vehicle operators to prohibit smoking in public vehicles, and provide penalty forms; 2) Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007, which set out exemptions to the smoking ban, regulate smoking in vehicles, and provide penalties for violations of the Smoking Order 2006; and 3) Smoke-Free (Signs) Regulations (Northern Ireland) 2007, which regulates the content, form and display of no-smoking signs.
Tobacco Advertising and Promotion Act 2002 (TAPA) governs tobacco advertising, promotion and sponsorship, other than on broadcast media. TAPA was amended by: 1) the Tobacco Advertising and Promotion 2002 etc. (Amendments) Regulations, 2006, which added provisions to specifically address information society services, such as the internet, and 2) the Health Act 2009, which authorized regulations to: prohibit tobacco product display at retail shops, restrict product displays on websites, and prohibit tobacco vending machines.
Numerous regulations have been issued under TAPA to implement the Act. The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 and the Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004 currently permit and regulate point of sale advertising and displays in retail shops and specialist tobacconist shops, respectively. Three sets of regulations were issued in 2012 – (1) The Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012; (2) The Tobacco Advertising and Promotion (Display of Prices) Regulations (Northern Ireland) 2012; and (3) The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012. Once fully implemented, these regulations will repeal the 2004 regulations, first prohibiting product display and advertising in large retail shops beginning in October 2012 followed by small retail shops in April 2015. Also in April 2015, outdoor advertising by specialist tobacconists will be prohibited pursuant to the Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012. The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 prohibit brand sharing and reverse brand sharing.
Sales to minors, including vending machine sales, are regulated by the Health and Personal Social Services (Northern Ireland) Order 1978, the Children’s and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991, the Children’s and Young Persons (Sale of Tobacco, etc.) Regulations (Northern Ireland) 2008, and the Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2012.
Broadcast media is regulated by the UK Code of Broadcast Advertising, which prohibits tobacco advertising on broadcast media regulated by Ofcom (TV, radio, and mobile phones). The paid placement of tobacco products on TV and on-demand programs is prohibited by the Audiovisual Media Services (Product Placement) Regulations 2010 and unpaid depiction of tobacco products or smoking is restricted by the Ofcom Broadcasting Code.
The packaging and labeling of tobacco products is governed by the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002, which were amended by the Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 to require picture warnings. These regulations are issued under the Consumer Protection Act 1987, which makes it an offense to fail to give information required for a specific good.
This country’s legal measures were reviewed by our legal staff and verified by in-country lawyers or tobacco control experts.
Policy Fact Sheets
Advertising, Promotion and Sponsorship
Packaging and Labeling