Submission by ASH to the consultation on the Tobacco Advertising and Promotion regulations
Author: ASH Published By: ASH Published : 31/10/2002
Advertising, promotion & sponsorship.
Regulation of information society service - "the e-commerce directive"
This directive establishes a free internal market in information society products such as services offered over the web. Its relevance to tobacco is that uses a particular definition for ‘commercial communication’ (advertising) – see article 2(f) and provides in-principle exemptions from general freedom for public health.
Exemption for Public Health
Article 1 (3). This Directive complements Community law applicable to information society services without prejudice to the level of protection for, in particular, public health and consumer interests, as established by Community acts and national legislation implementing them in so far as this does not restrict the freedom to provide information society services.
Article 3 (4) defines exemptions from single market rules more specifically.
Sales promotions in the Internal Market
United Kingdom
United Kingdom
European Union
Directive on Tobacco Advertising and Sponsorship
This Directive was published on 26 May 2003 and came into force on 31 July 2005. It prohibits tobacco advertising with a cross border effect in the following media:
• in the press and other printed publications;
• in radio broadcasting;
• in information society services; and
• through tobacco related sponsorship events or activities taking place in several member states of otherwise having cross-border effects.
ASH response to the consultation on the Tobacco Advertising and Promotion regulations
Submission by ASH to the consultation on the Tobacco Advertising and Promotion regulations
Submission by ASH to the consultation on the Tobacco Advertising and Promotion regulations
ASH response to DTI Consultation of the EU proposal for internal sales promotions
ASH Submission to the Department of Trade and Industry on their consultation on draft European Commission proposal for a sales promotion regulation CCP 001/02
ASH Submission to the Department of Trade and Industry on their consultation on draft European Commission proposal for a sales promotion regulation CCP 001/02
Author: ASH Published By: ASH Published : 30/09/2002
ASH response to the consulation on the inclusion of Cigarette Papers
ASH Submission to the Department of Health Consulation on the inclusion of cigarette papers within the scope of the proposed EU Directive on tobacco advertising and sponsorship
ASH Submission to the Department of Health Consulation on the inclusion of cigarette papers within the scope of the proposed EU Directive on tobacco advertising and sponsorship
Author: Clive Bates Published By: ASH Published : 07/08/2002
DTI consultation on draft EU regulations relating sales promotion
Public consultation on a proposal for a regulation concerning sales promotions in the internal market. From previous European Commission papers in the 1990s it was concluded that long-standing market controls in many member states prevented the development of a Single Market in sales promotions across borders. In October 2001, the European Commission issued a proposals for a Regulation on Sales Promotion, the Department of Trade and Industry undertook a consultation to examine the issue.
Public consultation on a proposal for a regulation concerning sales promotions in the internal market. From previous European Commission papers in the 1990s it was concluded that long-standing market controls in many member states prevented the development of a Single Market in sales promotions across borders. In October 2001, the European Commission issued a proposals for a Regulation on Sales Promotion, the Department of Trade and Industry undertook a consultation to examine the issue.
Author: Department of Trade and Industry Published By: Department of Trade and Industry Published : 01/08/2002
EC Directive 98/48/EC
A previous EC directive to ban tobacco advertising 98/43/EC was struck down by a European Court of Justice ruling (Case C-376/98) on account of its legal base. The court argued that the Directive must contribute to "eliminating appreciable distortions of competition" and "eliminating obstacles to the free movement of good and to the freedom to provide services." The Court found the Directive had failed these tests.
A previous EC directive to ban tobacco advertising 98/43/EC was struck down by a European Court of Justice ruling (Case C-376/98) on account of its legal base. The court argued that the Directive must contribute to "eliminating appreciable distortions of competition" and "eliminating obstacles to the free movement of good and to the freedom to provide services." The Court found the Directive had failed these tests.
Department of Health consultation on draft regulations relating to brand-sharing, sponsorship and point of sale materials
On 30 May 2001 the European Commission presented its revised proposal for a Directive on tobacco advertising and sponsorship. In August 2001 the Government issued a consultation document in respect of this proposal. The proposal initially concerned tobacco products, defined as 'all products intended to be smoked, sniffed, sucked or chewed'. However during discussions on the proposal, other Member States have suggested that any restrictions on the advertising and sponsorship of tobacco products should also include cigarette papers.
On 30 May 2001 the European Commission presented its revised proposal for a Directive on tobacco advertising and sponsorship. In August 2001 the Government issued a consultation document in respect of this proposal. The proposal initially concerned tobacco products, defined as 'all products intended to be smoked, sniffed, sucked or chewed'. However during discussions on the proposal, other Member States have suggested that any restrictions on the advertising and sponsorship of tobacco products should also include cigarette papers.
Transitional regulations (sponsorship)
Department of Health Consultation on inclusion of cigarette papers
Consultation by the Department of Health on the inclusion of cigarette papers within the scope of the proposed EU Directive on tobacco advertising and sponsorship.
Consultation by the Department of Health on the inclusion of cigarette papers within the scope of the proposed EU Directive on tobacco advertising and sponsorship.
Brandsharing regulations
EU Directive 2000/31/EC (In Force)
Point of Sale regulations
UK Tobacco Advertising and Promotion Act 2002 (In Force)
The Tobacco Advertising and Promotion Act received Royal Assent on 7 November 2002 and came into force on 14 February 2003. The Tobacco Advertising and Promotion Act 2002 comprehensively bans the advertising and promotion of tobacco products including the use of brand-sharing and sponsorship of cultural and sport events. The ban was implemented in stages as follows: 14 February 2003 – From that date it became illegal to advertise tobacco products on billboards, in newspapers and magazines. Direct mail was banned in May 2003. 31 July 2003 – Tobacco sponsorship of domestic sporting events was banned. 21 December 2004 - Regulations governing advertising at the point of sale came into effect. These limit advertising to one A5 sized ad per outlet. 31 July 2005 – The ban on tobacco sponsorship of international events such as Formula One motor racing entered into force. In addition, regulations on brand-sharing came into effect.
The Tobacco Advertising and Promotion Act received Royal Assent on 7 November 2002 and came into force on 14 February 2003. The Tobacco Advertising and Promotion Act 2002 comprehensively bans the advertising and promotion of tobacco products including the use of brand-sharing and sponsorship of cultural and sport events. The ban was implemented in stages as follows: 14 February 2003 – From that date it became illegal to advertise tobacco products on billboards, in newspapers and magazines. Direct mail was banned in May 2003. 31 July 2003 – Tobacco sponsorship of domestic sporting events was banned. 21 December 2004 - Regulations governing advertising at the point of sale came into effect. These limit advertising to one A5 sized ad per outlet. 31 July 2005 – The ban on tobacco sponsorship of international events such as Formula One motor racing entered into force. In addition, regulations on brand-sharing came into effect.
COM 546 2001 final
In the interest of a strong internal market, emphasis of this EU proposal falls on the primacy of free movement of goods and services within member states. It seeks to harmonise differing sales promotion regulations between countries to minimise distortions in trade. It describes sales promotion as financial discounts, free gifts, promotional contests or games offered by a producer in order to expand markets. Though the proposal makes reference to public health in Article 5 (protection of children and adolescents), it remains highly controversial - article 3 of the proposed regulation prohibits member states from restricting commercial communications of a sales promotion unless required by community law. In the absence of an EU directive explicitly prohibiting tobacco promotion, the proposal carries the potential to undermine any effort to ban the promotion of tobacco products at national levels
In the interest of a strong internal market, emphasis of this EU proposal falls on the primacy of free movement of goods and services within member states. It seeks to harmonise differing sales promotion regulations between countries to minimise distortions in trade. It describes sales promotion as financial discounts, free gifts, promotional contests or games offered by a producer in order to expand markets. Though the proposal makes reference to public health in Article 5 (protection of children and adolescents), it remains highly controversial - article 3 of the proposed regulation prohibits member states from restricting commercial communications of a sales promotion unless required by community law. In the absence of an EU directive explicitly prohibiting tobacco promotion, the proposal carries the potential to undermine any effort to ban the promotion of tobacco products at national levels
Internet regulations
Commencement order
