The UK government has formally contacted major supermarket chains Sainsburyโs and Morrisons, demanding they cease the advertising and promotion of heated tobacco products, which it asserts is in violation of existing tobacco laws.
Legal Context
In February, retailers were reported to be displaying advertisements for heated tobacco devices designed to produce nicotine vapor through an electric heating process. Both Sainsburyโs and Morrisons defended their actions at the time, asserting that their advertisements were within legal boundaries.
Responding to the governmentโs recent letter, Sainsburyโs stated it is maintaining โclose contact with the government,โ while Morrisons indicated it would provide a response โin due course.โ
The Tobacco Advertising and Promotion Act of 2002, enacted by the Labour government under Tony Blair, prohibits the advertising of tobacco products, defining these as items intended to be smoked, sniffed, sucked, or chewed. Morrisons argues that this law does not encompass heated tobacco products, as they do not create smoke.
Governmentโs Stance
Despite the supermarketsโ claims, observations from the BBC revealed that Philip Morris Internationalโs iQos heated tobacco devices continued to be prominently advertised in both retailers. A spokesperson for the Department of Health and Social Care (DHSC) reaffirmed the governmentโs position, stating: โIn 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.โ
Public Awareness and Health Implications
Recent surveys conducted by the charity Action on Smoking and Health (ASH) indicate a significant increase in awareness of heated tobacco products, particularly among younger demographics. Among 11 to 17-year-olds surveyed, awareness rose from 7.1% in 2022 to nearly 25% this year. Although only a small percentage, 3.3% of all respondents reported having tried heated tobacco, with similar figures among youths, which ASH labeled as โworryingly similarโ to adult usage rates.
Experts maintain that while research into the health effects of heated tobacco is still developing, it is presumed to be less harmful than traditional cigarettes, yet more detrimental than vaping products.
Next Steps for Retailers and Legislation
Both Morrisons and Sainsburyโs maintain that they are committed to ensuring compliance with regulatory guidelines. A Morrisons spokesperson stated that they are reviewing the governmentโs directive, while a representative from Sainsburyโs underscored their belief that current advertisements comply with the law.
Ultimately, a definitive ruling on the legality of heated tobacco advertising may require judicial intervention. However, no legal cases against the supermarkets have been initiated as of yet. The resolution of this issue may also be expedited by the forthcoming Tobacco and Vapes Bill, which aims to comprehensively ban all forms of tobacco and vape advertising. This legislation is currently progressing through Parliament and is in the committee stage in the House of Lords.
Hazel Cheeseman, CEO of ASH, has called for prompt passage of the legislation, expressing concern over the potential exposure of young people to tobacco marketing. โIt is outrageous that certain supermarkets still do not seem to be prepared to comply with the law, even when told they are in breach,โ she stated. Cheeseman urged the government to act swiftly, emphasizing that the longer this matter remains unresolved, the more children will be subjected to tobacco product advertising.
Tobacco regulation is a devolved issue, with the devolved administrations in Northern Ireland, Wales, and Scotland expressing consensus with the DHSCโs interpretation that advertising for heated tobacco is indeed banned. Notably, other major retailers, including Asda and Tesco, have confirmed that they do not accept tobacco advertising in any form.
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