Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
On 14 February 2003, The Tobacco Advertising and Promotion Act 2002 came into effect for most tobacco advertising and promotion. The Act prohibits press, poster and most advertising on the Internet for tobacco products, outlaws the free distribution of tobacco products and coupons and bans tobacco retailer ads targeted at the public but business-to-business ads are allowed. But marketing communications for rolling papers and filters and some point-of-sale advertisements are not covered by the ban.
The Act has been subject to several amendments, principally, by the Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, the Tobacco Advertising and Promotion Act 2002 Etc. (Amendment Regulations) 2006 and the Health Act 2009. These amendments have imposed further restrictions on marketing and point of sale material.
Marketers should also note that, although the legislation prohibits all traditional forms of advertising for tobacco products as well as online marketing communications, it does provide for some narrow exemptions for content that would ordinarily fall under the remit of the ASA as a marketing communication that is directly connected with the transfer of goods; in particular, for displays of tobacco products and prices on an advertiser’s own website where such products are offered for sale. It should also be noted that the statutory regimes governing advertising in England, Wales and Northern Ireland may differ from that in Scotland. There are also potential differences in the application of UK tobacco advertising legislation to websites operating outside the UK and the EEA.
For the avoidance of doubt, in order to conform to the law upon which it is based, the scope of application of rule 21.1 should be read in accordance with the relevant statutory provisions.
Marketers wanting clarification of the Act and its associated legislation should take legal advice or consult the Department of Health. The Tobacco Manufacturers’ Association (TMA) might be able to offer guidance and can be contacted on 020 7544 0100 or from its website www.the-tma.org.uk
The rules governing the marketing of rolling papers and filters are outlined in ‘Tobacco, Rolling Papers and Filters’.
Last modified : 17 February 2012