The Law: Advertising, promotion & sponsorship
This section of our law guide provides a brief overview of the law and direct links to acts and regulations.
Why ban tobacco advertising?
Globally, billions are spent each year by tobacco companies on promotion, sponsorship and advertising of their products. Tobacco advertising increases tobacco consumption which in turn kills people. The section outlines the history related to tobacco advertising.
19: Tobacco Advertising and Promotion in the UK
Most conspicuous forms of tobacco advertising and promotion in the UK were banned following the implementation of the Tobacco Advertising and Promotion Act 2002. However, the tobacco industry has continued to promote its products through point of sale displays and "below the line" marketing.
Most conspicuous forms of tobacco advertising and promotion in the UK were banned following the implementation of the Tobacco Advertising and Promotion Act 2002. However, the tobacco industry has continued to promote its products through point of sale displays and "below the line" marketing.
Author: ASH Published By: ASH Published : 16/05/2012
ASH briefing: The UK ban on tobacco advertising
ASH briefing on the UK tobacco advertising and sponsorship ban. This ASH document provided evidence and arguments to support the passage of the Tobacco Advertising and Promotion Act.
ASH briefing on the UK tobacco advertising and sponsorship ban. This ASH document provided evidence and arguments to support the passage of the Tobacco Advertising and Promotion Act.
Author: ASH Published By: ASH Published : 30/04/2006
Frequently asked questions on Advertising
Some frequently asked questions about tobacco advertising and promotion - why it should be strictly regulated and the case for an outright ban. Also debunks some of the myths invented by the tobacco industry.
Some frequently asked questions about tobacco advertising and promotion - why it should be strictly regulated and the case for an outright ban. Also debunks some of the myths invented by the tobacco industry.
Author: ASH Published By: ASH Published : 23/01/2003
Refining indirect tobacco advertising in Malaysia
Simon Chapman and Mary Assunta of the University of Sydney examine the ways in which the tobacco industry have attempted to circumvent restrictions on tobacco advertising and sponsorship. Based on research of internal industry documents, the paper highlights exactly why and how Malaysia is fast coming to be dubbed the 'brand-stretching capital of the world'. Tobacco Control Journal: 2004, (Suppl 2) ii63-70.
Simon Chapman and Mary Assunta of the University of Sydney examine the ways in which the tobacco industry have attempted to circumvent restrictions on tobacco advertising and sponsorship. Based on research of internal industry documents, the paper highlights exactly why and how Malaysia is fast coming to be dubbed the 'brand-stretching capital of the world'. Tobacco Control Journal: 2004, (Suppl 2) ii63-70.
Tobacco advertising and promotion
Background paper by Henry Saffer for the World Bank. 1999 (pdf)
Background paper by Henry Saffer for the World Bank. 1999 (pdf)
Journal Article: The limitations of fear messages
Debate in the journal Tobacco Control gives perspectives on the use of fear messages - do they work by making the smoker uncomfortable, or do they just cause rejection? Tobacco Control Journal 2002
Debate in the journal Tobacco Control gives perspectives on the use of fear messages - do they work by making the smoker uncomfortable, or do they just cause rejection? Tobacco Control Journal 2002
The history of the campaign to ban tobacco advertising in the UK
Overview and timetable for implementing the ban on tobacco advertising The Tobacco Advertising and Promotion Act came into force on 14 Feb 2003, banning most forms of direct advertising from the outset. Other forms of tobacco advertising and sponsorship were phased out over the following two years.
Overview and timetable for implementing the ban on tobacco advertising The Tobacco Advertising and Promotion Act came into force on 14 Feb 2003, banning most forms of direct advertising from the outset. Other forms of tobacco advertising and sponsorship were phased out over the following two years.
Tobacco Advertising: Economic Theory and International Evidence
Henry Saffer and Frank Chaloupka examine the efficacy of a ban on tobacco advertising in reducing overall tobacco consumption. Published by National Bureau of Economic Research. Feb 1999.
Henry Saffer and Frank Chaloupka examine the efficacy of a ban on tobacco advertising in reducing overall tobacco consumption. Published by National Bureau of Economic Research. Feb 1999.
BMJ study shows the need for a comprehensive ban on tobacco advertising
This study, 'Cross sectional study of young people's awareness of and involvement with tobacco marketing' shows that any ban on tobacco advertising must be comprehensive in order to close any potential loopholes. BMJ 2001; 322 513-51
This study, 'Cross sectional study of young people's awareness of and involvement with tobacco marketing' shows that any ban on tobacco advertising must be comprehensive in order to close any potential loopholes. BMJ 2001; 322 513-51
Legal ruling on Point of Sale Regulations
The tobacco industry challenged the law relating to tobacco advertising at the point of sale. However the High Court ruled that the regulations are lawful. This is the High Court's judgment.
The tobacco industry challenged the law relating to tobacco advertising at the point of sale. However the High Court ruled that the regulations are lawful. This is the High Court's judgment.
Journal Article: The return of scare tactics
Article in Tobacco Control about the use of scare tactics in tobacco control advertising. By David Hill, Simon Chapman and Robert Donovan. Tobacco Control, 1998, 7: 5-8 (Spring).
Article in Tobacco Control about the use of scare tactics in tobacco control advertising. By David Hill, Simon Chapman and Robert Donovan. Tobacco Control, 1998, 7: 5-8 (Spring).
How do you sell death?
Report by the Campaign for Tobacco Free Kids. Excellent report on marketing cigarettes worldwide with many examples. 2000 (pdf)
Report by the Campaign for Tobacco Free Kids. Excellent report on marketing cigarettes worldwide with many examples. 2000 (pdf)
Examples of point of sale adverts before and after the ban
The new regulations state that tobacco advertising at the point of sale is to be limited to one A5 size ad. Here are examples of tobacco advertising before and after the new regulations came into force.
The new regulations state that tobacco advertising at the point of sale is to be limited to one A5 size ad. Here are examples of tobacco advertising before and after the new regulations came into force.
ASH Letter to the Health Council over concerns about the Tobacco Advertising Directive
This letter sets out concerns about the directive. 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). The new directive is formulated to act within the Commission's conservative view of the narrow boundaries of EU competence established by the treaty as interpreted by the European Court of Justice - as such it does not ban 'indirect advertising' (advertising for brand-stretching) and as a result has a giant loophole.
This letter sets out concerns about the directive. 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). The new directive is formulated to act within the Commission's conservative view of the narrow boundaries of EU competence established by the treaty as interpreted by the European Court of Justice - as such it does not ban 'indirect advertising' (advertising for brand-stretching) and as a result has a giant loophole.
Author: ASH Published By: ASH Published : 26/11/2002
ASH responds to the Proposed EU Directive on Tobacco Advertising and Sponsorship
ASH's response to the EU directive on Tobacco Advertising and Sponsorship
ASH's response to the EU directive on Tobacco Advertising and Sponsorship
Author: ASH Published By: ASH Published : 07/08/2002
ASH Briefing: Tobacco Advertising and why it should be banned
ASH Briefing: Tobacco Advertising and why it should be banned
ASH Briefing: Tobacco Advertising and why it should be banned
Author: ASH Published By: ASH Published : 03/10/2001
ASH survey: Buying cigarettes on the internet
In June 2001, ASH published a survey showing that internet sites claiming to sell cheap cigarettes to smokers in the UK are a rip-off. Most orders never arrive, and even when they do the cigarettes are often much more expensive than advertised. The full results of the survey are available here.
In June 2001, ASH published a survey showing that internet sites claiming to sell cheap cigarettes to smokers in the UK are a rip-off. Most orders never arrive, and even when they do the cigarettes are often much more expensive than advertised. The full results of the survey are available here.
Author: ASH Published By: ASH Published : 04/06/2001
ASH Report: Smoking and supermodels
Smoking and super-models. Kate Moss is adored by millions and a role model for many teenage girls. She also smokes. We examine her rights and responsibilities.
Smoking and super-models. Kate Moss is adored by millions and a role model for many teenage girls. She also smokes. We examine her rights and responsibilities.
Author: ASH Published By: ASH Published : 26/02/1998
ASH briefing on brand stretching
A briefing on one of the most important potential loopholes in any advertising ban: how the tobacco companies use other products such as boots, clothing, coffee and other merchandise to advertise their brands to escape an advertising ban.
A briefing on one of the most important potential loopholes in any advertising ban: how the tobacco companies use other products such as boots, clothing, coffee and other merchandise to advertise their brands to escape an advertising ban.
Author: ASH Published By: ASH Published : 31/01/1998
Tobacco Advertising: Banning tobacco promotion, ethical and civil liberties issues
Is it right to stop a company speaking to its customers? The tobacco industry claims that banning tobacco advertising, and especially direct mail, is an infringement of the civil liberty of free speech. We disagree.
Is it right to stop a company speaking to its customers? The tobacco industry claims that banning tobacco advertising, and especially direct mail, is an infringement of the civil liberty of free speech. We disagree.
Author: ASH Published By: ASH Published : 01/11/1997
ASH report: How the tobacco industry will exploit loopholes in the tobacco advertising ban
Exploiting loopholes in a weak advertising ban - the output of an advertising agency brainstorm. ASH sat down with Europe's biggest agency to guess how the tobacco industry would respond to a ban on tobacco advertising
Exploiting loopholes in a weak advertising ban - the output of an advertising agency brainstorm. ASH sat down with Europe's biggest agency to guess how the tobacco industry would respond to a ban on tobacco advertising
Author: ASH Published By: ASH Published : 30/09/1997
