UK Supermarkets Ordered to Cease Heated Tobacco Advertising Amid Legal Dispute

The UK government has directed Sainsbury's and Morrisons to halt the advertising and promotion of heated tobacco products, citing a law established in 2002 that prohibits tobacco advertising. Despite previous assertions from both supermarkets that their advertisements were compliant with the law, the government has clarified its position, emphasizing that heated tobacco products fall under the existing regulations defined by the Tobacco Advertising and Promotion Act 2002.

This directive follows reports from the BBC indicating that advertisements for devices like Philip Morris International's iQos were still visible in Sainsbury's and Morrisons stores, often within the line of sight of minors. In response to the government's letter, Sainsbury's stated they were in "close contact with the government," while Morrisons indicated they would reply "in due course."

The Tobacco Advertising and Promotion Act of 2002, enacted under the Labour government led by Tony Blair, explicitly bans the advertisement of tobacco products. The law categorizes a tobacco product as something intended to be "smoked, sniffed, sucked or chewed." However, Morrisons contended that heated tobacco products do not produce smoke and therefore should not be classified under this law. This interpretation has sparked a legal debate regarding the applicability of the law to such products.

A spokesperson for the Department of Health and Social Care (DHSC) reiterated the government's stance, stating, "In May, we wrote to supermarkets reiterating that the Tobacco Advertising and Promotion Act 2002 applies to all tobacco products currently on the market, and formally requested they stop advertising and promoting heated tobacco products in stores. All tobacco products are harmful to health."

Public health advocacy groups, including Action on Smoking and Health (ASH), have expressed concern about the rising awareness and usage of heated tobacco products among young adults. According to ASH's 2023 survey, awareness of heated tobacco has surged, with 24% of 11 to 17-year-olds recognizing such products, up from 7.1% in 2022. The survey also indicated that 3.3% of respondents had tried heated tobacco, a figure that mirrors usage levels among adults. Dr. Hazel Cheeseman, chief executive of ASH, urged the government to expedite the passage of the Tobacco and Vapes Bill, which is currently under consideration in Parliament. She warned that delayed action could result in prolonged exposure of children to tobacco marketing, stating, "It is outrageous that certain supermarkets still do not seem to be prepared to comply with the law, even when told they are in breach. The longer this takes to resolve, the more children will be exposed to tobacco product marketing."

The ongoing legal ambiguity surrounding heated tobacco advertising may eventually be resolved through the Tobacco and Vapes Bill, which aims to definitively ban all forms of tobacco and vape advertising across the United Kingdom. Currently, this bill is at the committee stage in the House of Lords and is anticipated to clarify the regulations surrounding heated tobacco products.

In summary, the UK supermarkets Sainsbury's and Morrisons have been instructed to cease advertising heated tobacco products as the government seeks to enforce existing tobacco advertising laws. The legal interpretation of these regulations continues to be a contentious issue, highlighting the challenges in public health policy as it intersects with evolving tobacco product technologies. The outcome of this dispute will have significant implications for both public health and the tobacco industry's marketing strategies moving forward.