Regulated Forms of Advertising, Promotion and Sponsorship
Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)
Internet communications (not sales)
With regard to domestic sales, TAPA 2002, as amended by Section 4(5) of TAP (Amendments) Regulations 2006 (adding section 4(1B)), excludes the sale of tobacco products by internet from the definition of an advertisement. Therefore, the internet sale of tobacco products and their display on websites are allowed. The amendments to TAPA contained in the Health Act 2009 (Section 21, adding Section 7D to the Act) authorize the Secretary of State to adopt regulations for display of tobacco products and prices on a website. However, such regulations have not yet been issued.
With regard to cross-border sales, the Tobacco Product Regulations 2016 requires a UK retailer who supplies tobacco products through cross-border distance sales to register with the Secretary of State and to verify the consumer's age prior to sale. In addition, the Regulations prohibit a UK retailer to engage in cross-border distance sales to a country that prohibits such sales.
The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, which expressly recognize the internet sale of tobacco products as a form of advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all internet tobacco product sales.
Point of sale advertising/promotion (other than product displays)
The current law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in most retail shops, but not with respect to specialist tobacconists where indoor advertising is permitted. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all advertising and promotion at point of sale, including inside specialist tobacconists, should be prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to product display in large and small retail shops; however, the law does not align with respect to specialist tobacconists and bulk tobacconists because it permits product display at point of sale. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all retail display of tobacco products should be prohibited.
Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)
Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)
Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products
Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose
Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary
Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs)
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia)